ENFORCEMENT DECREE OF THE SPECIAL ACT ON PRIVATE RENTAL HOUSING
Wholly Amended by Presidential Decree No. 26763, Dec. 28, 2015
Amended by Presidential Decree No. 27115, Apr. 29, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27445, Aug. 11, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28181, Jul. 11, 2017
Presidential Decree No. 28323, Sep. 19, 2017
Presidential Decree No. 28723, Mar. 27, 2018
Presidential Decree No. 28874, May 8, 2018
Presidential Decree No. 29045, Jul. 16, 2018
Presidential Decree No. 29460, Dec. 31, 2018
Presidential Decree No. 29550, Feb. 12, 2019
Presidential Decree No. 29617, Mar. 12, 2019
Presidential Decree No. 30149, Oct. 22, 2019
Presidential Decree No. 30710, May 26, 2020
Presidential Decree No. 0, May 26, 2020
Presidential Decree No. 30760, jun. 9, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31242, Dec. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31444, Feb. 17, 2021
Presidential Decree No. 31550, Mar. 23, 2021
Presidential Decree No. 31614, Apr. 6, 2021
Presidential Decree No. 31653, Apr. 27, 2021
Presidential Decree No. 31726, jun. 8, 2021
Presidential Decree No. 31942, Aug. 10, 2021
Presidential Decree No. 32333, Jan. 13, 2022
Presidential Decree No. 33045, Dec. 9, 2022
Presidential Decree No. 33466, May 15, 2023
Presidential Decree No. 33556, jun. 20, 2023
Presidential Decree No. 34196, Feb. 6, 2024
CHAPTER I GENERAL PROVISIONS
| Article 2 (Scope of Quasi-Housing) |
"Quasi-housing prescribed by Presidential Decree, such as an officetel" in subparagraph 1 of Article 2 of the Special Act on Private Rental Housing (hereinafter referred to as the "Act") means the following buildings (hereinafter referred to as "quasi-housing"): <Amended on Sep. 19, 2017; Aug. 10, 2021; Jan. 13, 2022; Sep. 26, 2023> | (a) | The area for exclusive use shall not exceed 120 square meters; |
| (b) | It shall have a private modern kitchen with a water supply and sewerage system, a private bathroom with a flush toilet and a bathing facility (including a private bathroom that contains both a flush toilet and a bathing facility). |
| Article 2-2 (Scope of Housing, Only Part of Which Is Rented) |
[This Article Newly Inserted on Jul. 11, 2017]
| Article 3 (Facilities Located within Station’s Sphere of Influence) |
"Facilities prescribed by Presidential Decree" in subparagraph 13 (d) of Article 2 of the Act means the following facilities: | 1. | Universities and colleges under subparagraph 1 of Article 2 of the Higher Education Act; industrial colleges under subparagraph 2 of that Article; teachers’ colleges under subparagraph 3 of that Article; and junior colleges under subparagraph 4 of that Article; |
[This Article Wholly Amended on Jul. 16, 2018]
| Article 3-2 (Mixed-Support Facilities) |
"Facilities prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act means the following facilities: [This Article Newly Inserted on Jul. 16, 2018]
CHAPTER II RENTAL BUSINESS ENTITIES AND HOUSING RENTAL MANAGEMENT BUSINESS ENTITIES
| Article 4 (Registration of Rental Business Entities and Reporting Changes to Registered Matters) |
| (1) | "Status of stay prescribed by Presidential Decree" in the proviso of Article 5 (1) of the Act means any of the following: <Amended on Sep. 26, 2023> |
| (2) | A person eligible to be registered as a rental business entity pursuant to Article 5 (1) of the Act, shall be as follows. In such cases, housing jointly constructed or owned by at least two persons shall be registered under joint names: <Amended on Aug. 11, 2016; Jul. 16, 2018; Oct. 22, 2019; Feb. 17, 2021; Sep. 26, 2023> |
| 1. | A person who owns housing to be registered as private rental housing; |
| 2. | Any of the following persons who has a verified plan to acquire housing to be registered as private rental housing: |
| (a) | A person who has obtained approval of a project plan under Article 15 of the Housing Act (hereinafter referred to as "approval of a project plan") to construct housing to be registered as private rental housing; |
| (b) | A person who has obtained building permission under Article 11 of the Building Act (hereinafter referred to as "building permission") to construct housing to be registered as private rental housing; |
| (c) | A person who has executed a sales agreement to purchase housing to be registered as private rental housing; |
| (d) | Any of the following persons, who has executed a parceling-out contract to purchase housing to be registered as private rental housing: |
| (i) | A person who shall make the balance payment within three months under the parceling-out contract, based on the application date of registration; |
| (ii) | A person whose application date for registration is later than the balance payment date under the parceling-out contract; |
| 3. | Any of the following persons, other than those specified in subparagraph 2, who seek to acquire housing to be registered as private rental housing: |
| (e) | An employer (limited to a corporation) that seeks to construct private rental housing to rent to its employees; |
| 4. | Deleted. <Jul. 16, 2018> |
| (3) | Notwithstanding paragraph (2), a person (including a person who was the representative or an executive officer of a corporation when it became insolvent; and a corporation where the representative or executive officer of a corporation when it is insolvent or a rental business entity which was a private individual when it is insolvent holds office as the representative or executive officer) who gave rise to insolvency (excluding where he or she has repaid the debts incurred when it is insolvent and has stabilized the business after insolvency) in private rental housing business or public rental housing business (referring to public rental housing under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing) within the last five years, shall not be registered as a rental business entity. <Amended on Sep. 26, 2023> |
| (4) | A person who intends to be registered as a rental business entity pursuant to Article 5 (1) of the Act shall submit an application for registration to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si, Gun or an autonomous Gu (hereinafter referred to as the "head of a Si/Gun/Gu") having jurisdiction over the address of the said rental business entity or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing, whoever is competent, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 27, 2018; Sep. 26, 2023> |
| (5) | Upon receipt of an application pursuant to paragraph (4), the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing shall immediately forward the application to the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity. <Newly Inserted on Mar. 27, 2018; Sep. 26, 2023> |
| (6) | Upon receipt of an application filed pursuant to paragraph (4) or (5), the head of a Si/Gun/Gu shall check whether it meets the registration criteria; and, if it meets such criteria, shall enter the applicant's name in the register; and issue a certificate of registration to the applicant. <Amended on Mar. 27, 2018; Sep. 26, 2023> |
| (7) | Where any matter registered pursuant to paragraph (4) is changed, the rental business entity shall report it to the head of a Si/Gun/Gu having jurisdiction over his or her address (where the address of the rental business entity is changed, referring to the head of a Si/Gun/Gu having jurisdiction over the new address) or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing within 30 days from the date of the event causing such change. <Amended on Mar. 27, 2018; Jul. 16, 2018; Dec. 8, 2020; Sep. 26, 2023> |
| (8) | Notwithstanding paragraph (7), the head of a Si/Gun/Gu having jurisdiction over the address of a rental business entity may change the address of the relevant private rental housing ex officio, where the address is assigned, changed, or discontinued pursuant to Article 10 (3), 11 (5), 13 (5), 14 (7), 15 (5), 16 (7), 17 (2), 24, or 26 (1), (3), or (6) of the Enforcement Decree of the Road Name Address Act. In such cases, the head of the Si/Gun/Gu shall inform the rental business entity that has filed for the registration of the relevant private rental housing, of such fact. <Newly Inserted on Dec. 31, 2018; Jun. 8, 2021> |
| (9) | "Cases prescribed by Presidential Decree" in Article 5 (7) 3 of the Act means cases where the total amount of delinquent national and local taxes of a person who intends to register as a rental business entity is not less than 200 million won as of the time of registration. In such cases, the amount of delinquent national and local taxes shall be calculated excluding the amount of delinquent taxes for which the appeal procedure in the following subparagraphs is in progress: <Newly Inserted on Nov. 15, 2023> |
| Article 4-2 (Supplementary Registration) |
| (2) | Where registration is canceled pursuant to Article 6 (1) and (5) or 43 (4) of the Act, the rental business operator shall apply for the cancellation of the additional registration under Article 5-2 (1) of the Act. |
[This Article Newly Inserted on Dec. 8, 2020]
[Previous Article 4-2 moved to Article 4-3 <Dec. 8, 2020>]
| Article 4-3 (Private Rental Cooperatives Required to Report Recruitment of Members) |
"Number ... prescribed by Presidential Decree" in Article 5-3 (1) of the Act means the number of housing units or households: <Amended on Dec. 8, 2020> [This Article Newly Inserted on May 26, 2020]
[Moved from Article 4-2; previous Article 4-3 moved to Article 4-4 <Dec. 8, 2020>]
| Article 4-4 (Obligation to Provide Explanation When Recruiting Members of Housing Cooperatives) |
| (1) | "Matters prescribed by Presidential Decree" in Article 5-4 (1) 7 of the Act means the following matters: <Amended on Dec. 8, 2020> |
| 1. | Outline of projects of a private rental cooperative under Article 5-3 (1) of the Act (hereinafter referred to as "private rental cooperative"); |
| 2. | A plan for securing the right to use or ownership of the construction site for the relevant private rental housing; |
| 3. | The number of households to be constructed, and the scheduled period for constructing the housing; |
| 4. | Matters concerning cost sharing by cooperative members, such as the timing and method for paying the down payment and contributions; |
| 5. | Entities and plans for fund management of the cooperative. |
| (2) | A recruiting entity under the provisions, with the exception of the subparagraphs, of Article 5-4 (1) of the Act (hereinafter referred to as "recruiting entity") shall obtain confirmation bearing the signature or name and seal of those who have applied for membership of a private rental cooperative (hereinafter referred to as "applicant for cooperative membership"), which states that they understood the details as explained pursuant to that paragraph. <Amended on Dec. 8, 2020> |
[This Article Newly Inserted on May 26, 2020]
[Moved from Article 4-3; previous Article 4-4 moved to Article 4-5 <Dec. 8, 2020>]
| Article 4-5 (Deposit of Up-Front Fees) |
| (1) | "Institution prescribed by Presidential Decree" in Article 5-5 (1) of the Act means any of the following institutions: <Amended on Dec. 8, 2020> |
| (2) | A recruiting entity shall conclude a contract with an institution under any of the subparagraphs of paragraph (1) on the deposit of up-front fees, etc. under Article 5-5 (1) of the Act (hereinafter referred to as "up-front fees, etc."). <Amended on Dec. 8, 2020> |
| (3) | An applicant for cooperative membership shall submit an application for deposit of up-front fees, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the institution under paragraph (2) (hereinafter referred to as "depository institution") after concluding a contract for membership of the private rental cooperative. |
| (4) | Upon receipt of an application for deposit under paragraph (3), the depository institution shall deposit the up-front fees, etc. in its name and manage them separately from other financial assets. |
| (5) | Upon depositing up-front fees, etc. pursuant to paragraph (4), the head of the depository institution shall issue a certificate prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the recruiting entity and the applicant for cooperative membership, respectively. |
[This Article Newly Inserted on May 26, 2020]
[Moved from Article 4-4; previous Article 4-5 moved to Article 4-6 <Dec. 8, 2020>]
| Article 4-6 (Payment and Return of Up-Front Fees, Etc.) |
| (1) | Upon receiving a request for the return of up-front fees, etc. pursuant to Article 5-5 (4) of the Act, the recruiting entity shall submit a written request prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the depository institution. <Amended on Dec. 8, 2020> |
| (2) | A recruiting entity may request the head of the depository institution to pay up-front fees, etc. when 30 days have passed since the date when the contract was entered into for membership of a private rental cooperative. In such cases, the recruiting entity shall submit a written request prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of the depository institution. |
| (3) | Upon receipt of a written request pursuant to paragraph (2), the head of the depository institution shall pay up-front fees, etc. to the recruiting entity within 10 days from the date of such request. |
[This Article Newly Inserted on May 26, 2020]
[Moved from Article 4-5 <Dec. 8, 2020>]
| Article 5 (Cancellation of Registration of Rental Business Entities) |
| (1) | "Period prescribed by Presidential Decree" in Article 6 (1) 2 of the Act means the following periods: <Amended on Jul. 16, 2018; Oct. 22, 2019; Sep. 26, 2023> |
| 1. | A person falling under Article 4 (2) 2 (a): Six years from the date of registration as a rental business entity; |
| 2. | A person falling under Article 4 (2) 2 (b): Four years from the date of registration as a rental business entity; |
| 3. | A person falling under Article 4 (2) 2 (c): Three months from the date of registration as a rental business entity; |
| 4. | A person falling under Article 4 (2) 2 (d): One year from the date of registration as a rental business entity; |
| 5. | A person falling under any item of Article 4 (2) 3: Six years from the date of registration as a rental business entity; |
| 6. | Deleted. <Jul. 16, 2018> |
| (2) | "Where it is prescribed by Presidential Decree" in Article 6 (1) 12 of the Act means any of the following cases: <Newly Inserted on Dec. 8, 2020> |
| 1. | Where the rental business operator does not return the deposit, although the judgment of the court is final and conclusive in a lawsuit filed by the lessee for the refund of the deposit; |
| 2. | Where the rental business operator does not return the deposit, although a proposal of conciliation regarding the return of the deposit is established by the Housing Lease Dispute Conciliation Committee under Article 14 of the Housing Lease Protection Act and accepted by both parties. |
| (3) | Deleted. <Jan. 13, 2022> |
| (4) | A rental business entity who intends to apply for cancellation of registration pursuant to Article 6 (1) 3 or 11 of the Act shall submit an application, accompanied by documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity or to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing. In such cases, upon receipt of such application, the head of the Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing shall immediately forward the application to the head of the Si/Gun/Gu having jurisdiction over the address of the rental business entity. <Newly Inserted on Dec. 8, 2020> |
| (5) | "Cases prescribed by Presidential Decree" in Article 6 (1) 14 of the Act means the following cases: <Newly Inserted on Jan. 13, 2022> |
| 1. | Where a rental business entity (excluding a rental business entity to whom any ground for the cancellation of registration under subparagraph 2 or 3 applies) has failed to purchase a guarantee under Article 49 (1) of the Act, although the head of a Si/Gun/Gu requested for the purchase of a guarantee at least three times on the grounds that such entity failed to do so; |
| 2. | Where a rental business entity fails to purchase a guarantee on the grounds that there is no amount to be guaranteed, although there is an amount to be guaranteed under the former part of Article 49 (3) of the Act; |
| 3. | Where a rental business entity fails to purchase a guarantee on the grounds that Article 49 (7) of the Act applies to him or her, although that paragraph does not apply to him or her. |
| (6) | "Cases prescribed by Presidential Decree" in Article 6 (1) 15 of the Act means cases where the total amount of national taxes and local taxes for which six months have elapsed from the date of delinquency of a rental business entity is not less than 200 million won. In such cases, the amount of delinquent national and local taxes shall be calculated excluding the amount of delinquent taxes for which the appeal procedure under the subparagraphs of Article 4 (9) is in progress. <Newly Inserted on Nov. 15, 2023> |
| Article 6 (Registration of Housing Rental Management Business and Reporting of Changes of Registered Matters) |
| (1) | "Scale prescribed by Presidential Decree" in the proviso of Article 7 (1) of the Act means the following scale: |
| 1. | In cases of in-house management type housing rental management business: |
| (a) | Detached houses: 100 units; |
| (b) | Multi-family housing: 100 households; |
| 2. | In cases of entrusted-management type housing rental management business: |
| (a) | Detached houses: 300 units; |
| (b) | Multi-family housing: 300 households. |
| (2) | A person who intends to register a housing rental management business pursuant to Article 7 (1) of the Act shall submit an application to the head of a Si/Gun/Gu, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Upon receipt of an application under paragraph (2), the head of a Si/Gun/Gu shall check whether it meets the registration criteria in Article 7; and, if it meets such criteria, shall enter the applicant's name on the register and issue a certificate of registration to the applicant. |
| (4) | Where any matter registered pursuant to paragraph (3) is changed, a housing rental management business entity shall report thereon to the head of a Si/Gun/Gu (where the address of the rental management business entity is changed, referring to the head of a Si/Gun/Gu having jurisdiction over the new address) within 15 days from the date of the event causing such change; and where he or she intends to close his or her housing rental management business, he or she shall report the cancellation of registration no later than 30 days before the business closing date. |
| Article 7 (Criteria for Registration of Housing Rental Management Business) |
The criteria for registration of a housing rental management business under Article 8 of the Act shall be as specified in attached Table 1.
| Article 8 (Temporary Failure to Meet Criteria for Registration of Housing Rental Management Business) |
"Cases prescribed by Presidential Decree, such as temporary failure to meet any of the criteria for registration" in the proviso of Article 10 (1) 5 of the Act means any of the following: <Amended on Apr. 29, 2016> | 1. | Where a housing rental management business entity fails to meet the paid-in capital requirement under subparagraph 1 of Article 8 of the Act, but falls under any of the following cases: |
| (b) | Where it is acknowledged that no impediment will be caused to the implementation of a rehabilitation plan, being executed by the relevant housing rental management business entity who has been subject to a court decision to discontinue the rehabilitation procedures pursuant to Article 283 of the Debtor Rehabilitation and Bankruptcy Act; |
| (c) | Where financial creditors commence proceedings for joint administration of the relevant housing rental management business entity by the council of financial creditors following a resolution by the council of financial creditors pursuant to Article 8 of the Corporate Restructuring Promotion Act; |
| 2. | Where a corporation subject to the proviso of Article 542-8 (1) of the Commercial Act fails to meet the paid-in capital requirement in subparagraph 1 of Article 8 of the Act due to a decrease in total assets as at the end of the immediately preceding business year, but begins to meet such requirement within 50 days; |
| 3. | Where a housing rental management business entity fails to meet the professional manpower requirement under subparagraph 2 of Article 8 of the Act due to his or her death, disappearance or retirement, but begins to meet such requirement within 50 days. |
| Article 9 (Criteria for Canceling Registration of Housing Rental Management Business) |
| (1) | Where the head of a Si/Gun/Gu intends to cancel the registration of a housing rental management business or suspend the business thereof under Article 10 (1) of the Act, he or she shall notify such fact to the lessors and lessees of the housing units managed by the relevant housing rental management business entity by no later than one month before the scheduled date of such disposition. |
| (2) | The criteria for canceling the registration of a housing rental management business or suspension of the business thereof under Article 10 (1) of the Act shall be as specified in attached Table 2. |
| (3) | A penalty surcharge to be imposed under Article 10 (2) of the Act shall be 30,000 won per day during the period of business suspension; and one month shall be deemed to have 30 days in calculating the period of business suspension. In such cases, no penalty surcharge may exceed 10 million won. |
| Article 10 (Scope of Affairs of Housing Rental Management Business Entities) |
"Affairs prescribed by Presidential Decree" in Article 11 (2) 2 of the Act means the following: | 1. | Managing residential space where the lessees reside; |
| 2. | Affairs necessary to ensure the safety of the lessees; |
| 3. | Providing support necessary for the lessees' occupancy. |
| Article 11 (Reporting Current Status of Housing Rental Management Business Entities) |
| (1) | "Information prescribed by Presidential Decree, such as paid-in capital, professional manpower, number of units he or she manages, etc." in the former part of Article 12 (1) of the Act means the following: |
| 2. | Professional manpower; |
| 3. | Location of the office; |
| 4. | Number of units and households of the housing managed upon entrustment and the location thereof; |
| 5. | Matters concerning the purchase of a guarantee insurance (limited to persons registered an in-house management type housing rental management business (hereinafter referred to as "in-house management type housing rental management business entity")); |
| 6. | Information on the terms and conditions of the entrustment contract, such as the period of contract and management commissions. |
| (2) | The head of a Si/Gun/Gu in receipt of the information in the subparagraphs of paragraph (1), from a housing rental management business entity pursuant to Article 12 (1) of the Act, shall report it to the Minister of Land, Infrastructure and Transport within 30 days of receipt of such information. |
| (3) | The Minister of Land, Infrastructure and Transport may disclose the information in the subparagraphs of Article 12 (3) of the Act based on one of the following methods, pursuant to that Article: |
| 1. | Uploading to a rental housing information system under Article 60 (1) of the Act; |
| Article 12 (Entrustment Contract) |
"Matters prescribed by Presidential Decree, such as the contract period and obligations of the housing rental management business entity" in Article 13 (2) of the Act, means the following: | 1. | Management commissions [only applicable to a person who has an entrusted-management type housing rental management business registered (hereinafter referred to as "entrusted-management type housing rental management business entity")]; |
| 2. | Rents (only applicable to an in-house management type housing rental management business entity); |
| 3. | Rents and deposit for sublease (only applicable to an in-house management type housing rental management business entity); |
| 5. | Matters concerning the rights and duties of a housing rental management business entity and a lessee; |
| 6. | Other details of services provided for the convenience of a lessor and a lessee in addition to the duties of a housing rental management business entity in Article 11 (1) of the Act. |
| Article 13 (Purchasing Guarantee Instruments by Housing Rental Management Business Entities) |
| (1) | Pursuant to Article 14 (1) of the Act, an in-house management type housing rental management business entity shall purchase a guarantee instrument that provides the following guarantees: |
| 1. | A guarantee for protecting lessor's rights: A guarantee that assumes responsibility to pay agreed rents for at least three months, if the housing rental management business entity fails to pay such rents; |
| 2. | A guarantee for protecting lessee's rights: A guarantee that assumes responsibility to return a rental security deposit, if the housing rental management business entity breaches his or her obligation to return the rental security deposit. |
| (2) | When concluding a housing rental management contract with a lessor or a housing rental agreement with a lessee, the in-house management type housing rental management business entity shall deliver a written guarantee evidencing the purchase of a guarantee instrument in the subparagraphs of paragraph (1) to the lessor or lessee. |
| (3) | A written guarantee under paragraph (2) shall be issued by any of the following institutions: |
| 2. | A financial institution designated and publicly notified by the Minister of Land, Infrastructure and Transport, among the following financial institutions: |
| (e) | Other institutions engaging in financial business pursuant to other statutes, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | An in-house management type housing rental management business entity who changes any details of, or terminates, a guarantee instrument specified in the subparagraphs of paragraph (1), shall notify such fact to the lessors and lessees and post it at a place easily visible to the lessors and lessees, such as the office of the in-house management type housing rental management business entity. |
CHAPTER III CONSTRUCTION OF PRIVATE RENTAL HOUSING
| Article 14 (Methods of Preferential Supply of Land) |
| (1) | A supply (referring to sale or lease; hereinafter the same shall apply) of land and previous real estate under Article 18 (2) of the Act shall be made with the price thereof determined and the person to receive such estate selected subsequently. |
| (2) | In selecting a person to receive land and previous real estate pursuant to paragraph (1), only those persons whose performance record of housing projects, construction capability, etc. meet or exceed the eligibility requirements shall be qualified for the competition: Provided, That where necessary for the prompt supply of land, etc., drawing of lots may be used as prescribed by the Minister of Land, Infrastructure and Transport. |
| (3) | In any of the following cases, land and previous real estate may be supplied under free contract, notwithstanding paragraph (2): |
| 1. | Where they are supplied to a real estate investment company, more than 50 percent of the total equity of which is held solely or jointly by any of the following persons: |
| (e) | A real estate investment company or collective investment scheme invested in and incorporated by a person falling under any of items (a) through (d); |
| 2. | Where the head of a local government supplies land owned by the relevant local government or a local government-invested public corporation to a person selected by public invitation to promote the supply of private rental housing in the area under his or her jurisdiction; |
| 3. | Where the supply under paragraph (2) has not been realized on at least two occasions; |
| (4) | The State, a local government, the Korea Land and Housing Corporation, or a local government-invested public corporation shall preferentially supply at least 3 percent of land which has been developed by it to a rental business entity pursuant to the main sentence of Article 18 (3) of the Act: Provided, That where at least 500,000 square meters of land has been developed and the Minister of Land, Infrastructure and Transport otherwise sets a rate of at least one percent but less than three percent, taking into consideration the purposes of land development, the demand for housing in the relevant area, and other relevant factors, and publicly notifies such rate, the land corresponding to such rate shall be supplied first. <Amended on Apr. 27, 2021> |
| (5) | "Size prescribed by Presidential Decree" in the proviso of Article 18 (3) of the Act means 150,000 square meters. <Newly Inserted on Jul. 11, 2017> |
| (6) | "Period prescribed by Presidential Decree" in Article 18 (4) of the Act means two years. <Amended on Jul. 11, 2017> |
| (7) | Except as provided in paragraphs (1) through (6), details necessary for the supply of land and previous real estate under Article 18 (1) through (3) of the Act (hereinafter referred to as "land, etc."), shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017> |
| Article 15 (Criteria and Procedures for Repurchasing Land) |
| (1) | A person who supplies land, etc. under Article 18 (1) through (3) of the Act shall supply such land, etc. attaching a special condition that the land, etc. may be repurchased or the relevant rental agreement may be revoked or terminated, if the purchaser fails to commence the construction of private rental housing within two years from the date such land, etc. are supplied pursuant to Article 18 (4) of the Act. In such cases, the special agreement for repurchase shall be registered. |
| (2) | When the construction of private rental housing is commenced on the relevant land, etc., a person supplied with such land, etc. under Article 18 (1) through (3) of the Act shall notify such fact to the person who supplied the land, etc. by appending documents evidencing such fact. |
| (3) | Where a person supplied with land, etc. fails to give notice pursuant to paragraph (2), within one year and six months from the date of supply of the land, etc., the person who supplied the relevant land, etc. under Article 18 (1) through (3) of the Act, shall demand such person to commence the relevant construction without delay. |
| Article 16 (Application for Designation as Public Business Entities) |
| (1) | "Number of units prescribed by Presidential Decree" in the former part of Article 20 (1) of the Act, means 100 units in cases of detached houses, and 100 units in cases of multi-family housing. |
| (2) | A rental business entity who intends to apply for designation under subparagraph 5 of Article 4 of Act on Acquisition of and Compensation for Land for Public Works Projects in accordance with Article 20 (1) of the Act, shall submit a project plan to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor, whoever is competent (hereinafter referred to as the "Mayor/Do Governor"), along with the following documents: |
| 1. | A map on which the land for the project is indicated; |
| 2. | A document evidencing that the entity has purchased at least 80/100 of the land for the project (including where he or she has obtained consent for such purchase from the landowners; hereafter the same shall apply in subparagraph 3); |
| 3. | A map indicating the land that could not be purchased, of the land for the project; |
| 4. | A document indicating the detailed items of the land that could not be purchased, of the land for the project. |
| Article 17 (Special Cases concerning the National Land Planning and Utilization Act) |
| (1) | "Ratio prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 21 of the Act means 50 percent. |
| (2) | In cases of a tenement house pursuant to subparagraph 2 (b) of attached Table 1 of the Enforcement Decree of the Building Act or a multi-household house pursuant to subparagraph 2 (c) of that Table, construction of a house consisting of up to five floors is allowed, subject to the deliberation of a building committee established under Article 4 of the Building Act pursuant to subparagraph 3 of Article 21 of the Act. |
| Article 17-2 (Procedures for Supplying Housing Resulting from Relaxation of Floor Area Ratios) |
| (1) | "Number of units prescribed by Presidential Decree" in the main sentence of Article 21-2 (1) of the Act means 30 units or 30 households. |
| (2) | Where a rental business entity constructs and supplies rental housing pursuant to Article 21-2 (1) 1 of the Act, he or she shall select rental housing to be supplied to the Mayor/Do Governor by public lottery: Provided, That where the Mayor/Do Governor requests supply of rental housing separated by building or section to ensure efficient operation of rental housing, the rental business entity shall comply with such request unless there is a compelling reason not to do so. |
| (3) | After undergoing a pre-use inspection (referring to the pre-use inspection pursuant to Article 49 of the Housing Act; hereinafter the same shall apply) of housing supplied to the Mayor/Do Governor pursuant to Article 21-2 (1) 1 of the Act or after obtaining approval for use (referring to approval for use pursuant to Article 22 of the Building Act; hereinafter the same shall apply), a rental business entity shall entrust or apply for registration of relevant housing without delay: Provided, That where the rental business entity refuses or delays to do so, the Mayor/Do Governor may entrust or apply for registration. |
[This Article Newly Inserted on Jul. 16, 2018]
| Article 17-3 (Procedures for Calculating Land Prices and Methods for Payment) |
| (1) | Costs for appraising the land price pursuant to the latter part of Article 21-2 (1) 2 of the Act shall be borne by a relevant rental business entity and the Mayor/Do Governor in 50:50 ratio. |
| (2) | The Mayor/Do Governor shall impose the land price that shall be paid out in cash pursuant to the former part of Article 21-2 (1) 2 of the Act and the costs to be borne pursuant to paragraph (1) on the rental business entity within 60 days from the date he or she is notified of the amount appraised by an appraisal corporation, etc. (referring to appraisal corporation, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers; hereinafter the same shall apply) pursuant to the latter part of Article 21-2 (1) 2 of the Act. |
| (3) | A rental business entity shall pay out the amount imposed pursuant to paragraph (2) before filing an application for pre-use inspection or for approval for use of relevant housing. |
[This Article Newly Inserted on Jul. 16, 2018]
| Article 17-4 (Operating Mixed-Support Facilities) |
| (1) | Where a rental business entity calculates an area of a mixed-support facility to be built pursuant to Article 21-2 (1) 3 of the Act, the area of the facility that shall be mandatorily built pursuant to the Housing Act or any other statute or regulation shall not count towards an area of the relevant mixed-support facility. |
| (2) | A rental business entity obliged to install a mixed-support facility pursuant to Article 21-2 (1) 3 of the Act shall submit a plan for building and operating a mixed-support facility including the following, to the person authorized to approve project plans pursuant to Article 15 of the Housing Act or permitting authority pursuant to Article 11 of the Building Act (hereinafter referred to as "approval authority, etc.") before obtaining approval of a project plan or building permission: |
| 1. | Building plan, such as the location and scale of a mixed-support facility; |
| 2. | Rental and operation plan, such as qualifications for taking occupancy, rents, criteria and procedures for supply; |
| 3. | Other matters necessary for renting and operating a mixed-support facility. |
| (3) | Approval authority, etc. shall monitor whether a rental business entity builds and operates a mixed-support facility in accordance with the plan submitted pursuant to paragraph (2). |
| (4) | Approval authority, etc. may prescribe matters necessary for efficiently building and operating a multi-support facility by ordinance. |
[This Article Newly Inserted on Jul. 16, 2018]
CHAPTER IV DISTRICT FOR PROMOTING PUBLICLY-FUNDED PRIVATE RENTAL HOUSING
| Article 18 (Criteria and Procedures for Designating Promotion Districts) |
| (1) | "Area prescribed by Presidential Decree" in the main sentence of Article 22 (1) 2 of the Act means the following sizes: <Amended on Sep. 19, 2017; Jul. 16, 2018> |
| 2. | In cases of the following areas adjacent to an urban area: 20,000 square meters: |
| (a) | An area bordering an urban area; |
| (b) | An area, the border line of which is separated from an urban area by a road, river, etc., but the connection with, or utilization of, surrounding infrastructure of an urban area, such as roads, tap-water, sewerage system, and schools, is ensured; |
| 3. | In cases of a site that covers both an urban area and an area falling under any item of subparagraph 2: 20,000 square meters; |
| 4. | In cases of other areas: 100,000 square meters. |
| (2) | Deleted. <Jul. 16, 2018> |
| (3) | Upon designating a district for promoting publicly-funded private rental housing pursuant to Article 22 (1) of the Act (hereinafter referred to as "promotion district"), the Mayor/Do Governor shall report such fact to the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017; Jul. 16, 2018> |
| (4) | In either of the following cases, the Minister of Land, Infrastructure and Transport may designate a promotion district pursuant to Article 22 (3) of the Act: <Amended on Jul. 11, 2017; Jul. 16, 2018> |
| 1. | Where he or she intends to designate a promotion district extending over two or more Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, and Dos (including where the relevant Mayors/Do Governors who have failed to reach agreement request the Minister of Land, Infrastructure and Transport to designate a promotion district); |
| 2. | Other cases where it is necessary to construct and supply publicly-funded private rental housing to ensure residential stability. |
| (5) | Except as provided in paragraphs (1), (3), and (4), detailed matters necessary for the designation of a promotion zone shall be prescribed by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017; Jul. 16, 2018> |
| Article 18-2 (Change of Implementer of Project for Developing Publicly-Funded Private Rental Housing) |
| (1) | "Grounds prescribed by Presidential Decree, such as bankruptcy or insolvency of the project implementer or other changes in circumstances" in Article 23 (5) 2 of the Act means the insolvency or bankruptcy of the implementer of a project for developing publicly-funded private rental housing (hereinafter referred to as the "project implementer") and other similar economic reasons. <Newly Inserted on Mar. 23, 2021> |
| (2) | Upon receipt of a request to build and operate mixed-support facilities within a promotional district pursuant to the former part of Article 23 (6) of the Act, the project implementer shall formulate a plan for building and operating a mixed-support facility including the following matters and submit such plan to a person authorized to designate a promotion district pursuant to Article 22 of the Act (hereinafter referred to as the "designation authority"). In such cases, the project implementer shall hear the opinions of the designation authority before formulating a plan for building and operating a mixed-support facility: <Amended on Mar. 23, 2021> |
| 1. | Business environment analysis; |
| 2. | Matters prescribed in the subparagraphs of Article 17-4 (2). |
[This Article Newly Inserted on Jul. 16, 2018]
[Title Amended on Mar. 23, 2021]
| Article 19 (Insignificant Modification of Promotion Districts) |
"Minor matters prescribed by Presidential Decree such as increasing or decreasing the size of a promotion district by not more than 10 percent" in the proviso of Article 24 (3) of the Act means either of the following: | 1. | Where the size of a promotion district is increased or decreased by up to 10 percent; |
| 2. | Where mistaken or missed area is corrected as a result of survey. |
| Article 20 (Hearing Opinion of Residents) |
| (1) | If a designation authority intends to hear the opinions of residents, relevant experts, etc. on designating a promotion district pursuant to Article 25 of the Act, he or she shall send copies of the relevant documents to the head of a Si/Gun/Gu having jurisdiction over the relevant area. <Amended on Jul. 16, 2018> |
| (2) | The head of a Si/Gun/Gu in receipt of documents under paragraph (1), shall publicly announce the following information through the public gazette, website, etc. of the relevant local government without delay; and shall make such documents available to the general public for inspection for at least 14 days from the date of public announcement: |
| 1. | Name, location, and size of the promotion district; |
| 2. | Period and methods of inspecting the relevant documents. |
| (3) | A person who has an opinion on designating a housing district may submit it in writing to the head of a Si/Gun/Gu during the inspection period under paragraph (2). |
| (4) | Where any opinions are submitted pursuant to paragraph (3), the head of a Si/Gun/Gu shall compile the opinions and send them to the designation authority; and even if no opinion is submitted, he or she shall notify such fact to the designation authority. |
| (5) | Notwithstanding paragraphs (1) through (4), in any of the following cases, the designation authority may directly hear the opinions of residents, relevant experts, etc. or have the relevant Mayor/Do Governor (excluding the Special Self-Governing Province Governor) do so. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis: |
| 1. | Where a promotion district extends over at least two Sis/Guns or autonomous Gus; |
| 2. | Where the head of a Si/Gun/Gu in receipt of the relevant documents pursuant to paragraph (1) fails to make a public announcement pursuant to paragraph (2). |
| Article 20-2 (Modification of Important Matters) |
"Modification of important matters prescribed by Presidential Decree" in the latter part of Article 25 (1) of the Act means any of the following modifications: <Amended on Jul. 16, 2018> | 1. | Replacing a project implementer pursuant to Article 23 (5) of the Act; |
| 2. | Increasing or decreasing the area of a promotion district publicly notified pursuant to Article 26 (1) of the Act by more than 10 percent. |
[This Article Newly Inserted on Jul. 11, 2017]
| Article 21 (Public Notice of Designating Promotion District) |
| (1) | Upon designating a promotion district, the designation authority shall publicly notify the following information in the Official Gazette or public gazette pursuant to Article 26 (1) of the Act: <Amended on Jul. 11, 2017; Jul. 16, 2018> |
| 1. | Name, location, and size of the promotion district; |
| 2. | Date of designation of the promotion district; |
| 4. | Name and location of the project implementer designated pursuant to Article 23 (1) of the Act and the name of the representative; |
| 7. | Methods of inspecting relevant documents. |
| (2) | Upon making any modification to a promotion district, the designation authority shall publicly notify the modified matters, of those matters prescribed in the subparagraphs of paragraph (1), and the grounds for the modification in the Official Gazette or public gazette. |
| Article 22 (Activities Subject to Permission) |
| (1) | A person who intends to engage in any of the following activities in the area where a public announcement, etc. is made for hearing the opinions of residents, etc. on designating a promotion district pursuant to Article 25 (1) of the Act or in a promotion district shall obtain permission from the head of a Si/Gun/Gu pursuant to Article 26 (3) of the Act: <Amended on Jan. 5, 2021> |
| 1. | Constructing etc. a building: Construction, substantial repair, or alteration of the purpose of use of a building under Article 2 (1) 2 of the Building Act (including temporary buildings); |
| 3. | Changing the form and quality of land: Change in the shape of land by such means as cutting of land, filing-up of earth, leveling of land, or paving with earth; excavation of land; or reclamation of public waters; |
| 4. | Gathering earth and stones: Gathering earth, sand, gravels, rocks, etc. (excluding where such an act is conducted for the purpose of changing the form and quality of land described in subparagraph 3); |
| 5. | Dividing or amalgamating land; |
| 6. | Piling goods: Piling goods which are not easy to move for at least one month; |
| 7. | Cutting or planting bamboo. |
| (2) | Where a project implementer has been designated as at the time the head of a Si/Gun/Gu intends to permit any of the acts prescribed in paragraph (1) pursuant to Article 26 (3) of the Act, he or she shall hear the project implementer's opinion beforehand. |
| 1. | Changing the form and quality of land for farming; |
| 2. | Installing simple structures directly used for producing agricultural, forest, or marine products, which are prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 3. | Gathering earth and stones to the extent not hindering the development of the promotion district and natural landscape; |
| 4. | Piling goods on a site determined to be maintained in the promotion district; |
| 5. | Temporarily planting ornamental bamboo (excluding temporary planting on a farm land). |
| (4) | A person who intends to report under Article 26 (5) of the Act shall submit a written report to the head of the competent Si/Gun/Gu along with the documents stating the status of progress of, and the implementation plan for, the relevant construction works or project, within 30 days from the date the promotion district is designated and publicly notified. |
| Article 23 (Revoking Designation of Promotion Districts) |
Where a designation authority revokes designation of a promotion district pursuant to Article 27 (1) of the Act, he or she shall publicly notify the following information in the Official Gazette or public gazette: | 1. | Name, location, and size of the promotion district; |
| 2. | Date of designation of the promotion district and date of the revocation thereof; |
| 3. | Grounds for revoking the designation of the promotion district; |
| 5. | Matters concerning reinstating or discontinuing the use of a special-purpose area, special-purpose district, special-purpose zone, district-unit planning zone, or an urban or Gun planning facilities pursuant to the National Land Planning and Utilization Act (including matters concerning the urban or Gun planning facilities, the project or construction of which will be continued until after the designation of the promotion district pursuant to Article 27 (3) of the Act is revoked); |
| 6. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 24 (Approving District Plans) |
| (1) | "Modification of any insignificant matters prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 28 (1) of the Act means any of the following changes or correction: <Newly Inserted on Jul. 11, 2017> |
| 1. | Changing the location of the project implementer; |
| 2. | Changing the structure, total floor area, etc. of a building intended to be maintained in the promotion district (limited to where the change does not accompany any change in the land-use plan); |
| 3. | Correcting an erroneous area of the promotion district caused by a mistake, without changing the boundary of the promotion district; |
| (2) | "Matters prescribed by Presidential Decree, including district-unit plans" in Article 28 (1) 8 of the Act means the following: <Amended on Jul. 11, 2017> |
| 2. | A plan for supplying integrated energy; |
| 3. | A disaster prevention plan; |
| 5. | A plan for vesting public facilities; |
| 6. | A plan for supervising construction works; |
| 7. | A plan for supplying developed land. |
| (3) | A project implementer who intends to obtain approval of a plan for promoting publicly-funded private rental housing (hereinafter referred to as "district plan") pursuant to the former part of Article 28 (1) of the Act, shall submit a written application to the designation authority, along with the following documents. In such cases, the designation authority shall verify the land registration map of the project area through administrative data matching under Article 36 (1) of the Electronic Government Act: <Amended on Jul. 11, 2017; Jul. 16, 2018> |
| 1. | A location map of the project area; |
| 2. | A drawing on which a land-use plan is stipulated on a topographical map or land registration map the scale of which is 1 to 5,000 or larger; |
| 3. | Outline designs and specifications; |
| 4. | Related documents and drawings necessary for determining an urban or Gun management plan (including district-unit plans); |
| 5. | Documents necessary for consulting with the head of a relevant administrative agency under Article 29 (3) of the Act; |
| 6. | A plan for supplying developed land including the following information: |
| (a) | Location and size of the developed land; |
| (b) | Persons to receive the developed land and methods of selecting them; |
| (c) | Time frame, methods, and terms and conditions of the supply; |
| (d) | Methods of determining supply prices; |
| (f) | Current status of land on which the project implementer plans to construct a building directly for use or supply; |
| (g) | Other matters necessary for the supply of developed land; |
| 7. | Specific uses of developed land specified in the land-use plan, and drawings divided by persons to receive such land. |
| (4) | A project implementer who intends to obtain approval for modification of a district plan pursuant to the latter part of Article 28 (1) of the Act shall submit an application to the designation authority along with the documents related to the modified matters, among documents stipulated in the subparagraphs of paragraph (3). In such cases, the designation authority shall verify the land registration map of the project area through administrative data matching under Article 36 (1) of the Electronic Government Act. <Newly Inserted on Jul. 11, 2017> |
| (5) | A project implementer who has made any modification or correction that falls under any subparagraph of paragraph (1) shall notify the details thereof to the designation authority without delay. <Newly Inserted Jul. 11, 2017> |
| (6) | Except as provided in paragraphs (1) through (4), detailed matters necessary for preparing a district plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Jul. 11, 2017> |
| (7) | Public notice of a district plan under Article 28 (6) of the Act shall be given by publication of the following information in the Official Gazette or public gazette: Provided, That such public notice may be omitted if information to be publicly notified under subparagraph 3 is the same as information publicly notified under Article 21 (1) 5, but the full executive summary shall be disclosed: <Amended on Jul. 11, 2017; Feb. 6, 2024> |
| 1. | Matters in the subparagraphs of Article 28 (1) of the Act; |
| Article 25 (Special Cases concerning Related Statutes) |
"Period prescribed by Presidential Decree" in Article 30 (1) of the Act means 90 days.
| Article 26 (Special Cases concerning Development Restriction Zones) |
Where an area released from the designation of a development-restriction zone is reinstated to a development-restriction zone pursuant to Article 31 (2) of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such reinstatement of the development restriction zone and the grounds for the reinstatement in the Official Gazette under paragraph (3) of that Article.
| Article 27 (Organizational Structure and Operation of Committee for Integrated Deliberation of Publicly-Funded Private Rental Housing) |
| (1) | "Public officials prescribed by Presidential Decree" in Article 32 (3) 1 of the Act means public officials of Grade V or higher, directly appointed by a designation authority from among the public officials working for the authority, or appointed upon the recommendation of the Minister of Land, Infrastructure and Transport or the heads of relevant administrative agencies. |
| (2) | A project implementer who intends to undergo an integrated deliberation of the committee for integrated deliberation of publicly-funded private rental housing established pursuant to Article 32 (1) of the Act (hereinafter referred to as the "Integrated Deliberative Committee") pursuant to Article 32 (6) of the Act, shall submit documents relating to the subparagraphs of Article 32 (1) of the Act to the designation authority after receiving written opinions of the relevant institutions under Article 32 (7) of the Act. In such cases, a final opinion on the written opinions of the relevant institutions may be appended. <Amended on Jul. 16, 2018> |
[Title Amended on Jul. 17, 2018]
| Article 28 (Exclusion, Challenge, or Refrainment of Members) |
| (1) | A member of the Integrated Deliberative Committee falling under any of the following cases, shall be excluded from the deliberation and resolution process of the Integrated Deliberative Committee: |
| 1. | Where the member or a current or former spouse of the member becomes a party to the relevant agenda item (where the party is a corporation, organization, etc., including the executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) or is holding any right or duty jointly with the party to such agenda item; |
| 2. | Where the member is a relative of a party to the relevant agenda item; |
| 3. | Where the member has given any testimony, statement, advice, or conducted any research, service, or appraisal with respect to the relevant agenda item; |
| 4. | Where the member or the corporation or organization where he or she belongs is a current or former agent of a party to the relevant agenda item. |
| (2) | If any ground exists making it difficult to expect fair deliberation and resolution process from a member, a party to the relevant agenda item may file a challenge against such member with the Integrated Deliberative Committee; and the Integrated Deliberative Committee shall make a decision on such challenge by its resolution. In such cases, the member against whom the challenge is filed shall not participate in the resolution. |
| (3) | A member who falls under any ground for exclusion in the subparagraphs of paragraph (1) shall voluntarily refrain from the deliberation and resolution process of the relevant agenda item. |
| Article 29 (Removing Members) |
Where a member commissioned under Article 32 (3) 2 of the Act falls under any of the following cases, the relevant designation authority may remove such member from office: <Amended on Sep. 26, 2023> | 1. | Where the member is no longer able to perform his or her duties due to mental or physical weakness; |
| 2. | Where he or she has conducted any misdeed in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable for membership due to neglect of duties, loss of dignity, or similar ground; |
| 4. | Where he or she fails to abstain from the deliberation and resolution process despite falling under a case set forth in the subparagraphs of Article 28 (1); |
| 5. | Where he or she himself or herself declares having difficulty in performing his or her duties. |
| Article 30 (Special Cases concerning Procedures for Designating Promotion Districts) |
| (1) | "Size prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 33 (1) and Article 33 (3) of the Act means 100,000 square meters, each. <Amended on Jul. 16, 2018> |
| (2) | "Area prescribed by Presidential Decree" in Article 33 (2) of the Act means any of the following: <Newly Inserted on Jul. 16, 2018> |
| (3) | "Land use plan and other matters prescribed by Presidential Decree" in Article 33 (4) of the Act means the following: <Amended on Jul. 16, 2018> |
| 2. | An outline of a project plan; |
| 3. | Documents stating the locations, lot numbers, land categories and sizes of the land, goods and rights prescribed in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, which shall be expropriated or used; details of the ownership, and rights other than ownership; and the names (in cases of corporations, referring to the trade names) and addresses of the owners and right-holders thereof; |
| 4. | Written consent of the landowners in Article 23 (4) of the Act; |
| 5. | An outline of a housing construction project plan; |
| 6. | Other documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 30-2 (Methods of Calculating Number of Consenters) |
| (1) | The base date of calculation of requirements for obtaining consent from landowners for the expropriation or use of land, etc. under the main sentence of Article 34 (1) of the Act (hereinafter referred to as "base date of calculation") shall be the date the designation of a promotion district is publicly notified under Article 21 (1). |
| 1. | Where one parcel of land is jointly owned by at least two persons: One representative of the joint owners who has obtained consent from other joint owners shall be counted as one landowner: Provided, That each of the sectional owners under subparagraph 2 of Article 2 of the Act on Ownership and Management of Condominium Buildings shall be respectively counted as one landowner; |
| 2. | Where one person owns a number of parcels of land: The landowner shall be counted as one person regardless of the number of parcels of land. |
| (3) | A landowner may express his or her intention for consent or objection for all of the land he or she owns, and partial agreement on part of the owned land shall not be accepted. |
| (4) | If a landowner gives consent or withdraws his or her consent, he or she shall submit a written consent or withdrawal of consent in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the project implementer, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Except as provided in paragraphs (1) through (4), the procedures for giving consent and other necessary matters shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jul. 11, 2017]
| Article 31 (Special Cases concerning Construction of Publicly-Funded Private Rental Housing in Promotion Districts) |
| 1. | Public pubs and massage parlors among Class 2 neighborhood living facilities; |
| 2. | Assembly halls and auditoriums among cultural and assembly facilities; |
| 3. | Wholesale markets among sales facilities; |
| 4. | Isolation hospitals among medical facilities; |
| 5. | General lodging facilities among lodging facilities, living lodging facilities, and communal living facilities; |
| 9. | Storage and treatment facilities for hazardous substances; |
| 10. | Facilities relating to motor vehicles: Motor vehicle-related facilities; |
| 11. | Animal and plant-related facilities; |
| 12. | Resource recycling facilities; |
| 13. | Correctional facilities; |
| 13-2. | National defense and military installations; |
| 14. | Power generating facilities; |
| 15. | Graveyard-related facilities; |
| 17. | Campground facilities; |
| 18. | Other facilities similar to those stipulated in subparagraphs 1 through 17, deemed by the designation authority to cause hindrance to the residential environment, in consideration of the results of the examination and deliberation by the committees or commission referred to in the subparagraphs of Article 32 (8) of the Act. |
| (3) | In accordance with Article 35 (2) of the Act, a designation authority shall apply the following relaxed standards in a promotion district, notwithstanding the subparagraphs of Article 35 (2): <Amended on Mar. 12, 2019> |
| 2. | Height of a building: Where the height is determined within a specific block by a district-unit plan, the height within such specific block shall be deemed designated and publicly announced under Article 60 (1) of the Building Act; |
| 3. | Urban parks or greenbelts: |
| (a) | Where the size of the promotion district is less than 100,000 square meters: The obligation to secure an urban park or a green belt shall be exempted; |
| (b) | Where the size of a promotion district is at least 100,000 square meters: An urban park or a green belt shall be secured, with a size exceeding three square meters per unit and household or five percent of the size of the promotion district, whichever is larger; |
[Title Amended on Jul. 17, 2018]
| Article 32 (Supply of Developed Land) |
| (1) | A project implementer shall supply developed land according to the following classification: <Amended on Jul. 16, 2018> |
| 1. | Sites for housing construction, classified as follows: |
| (a) | A site for constructing publicly-funded private rental housing; |
| (c) | A site for constructing housing for sale in lots; |
| 3. | Sites for sales and business facilities; |
| 4. | Other sites for facilities. |
| (2) | In supplying sites for housing construction, the project implementer shall pre-determine the prices and supply them by drawing of lots: Provided, That in cases of a site for construction of private rental housing, the project implementer may restrict the eligibility requirements of the persons to receive the sites or attach conditions for the supply. |
| (3) | In supplying sites for specific facilities prescribed by the Minister of Land, Infrastructure and Transport, such as sites for social welfare facilities or medical facilities, the project implementer may restrict the eligibility requirements of the persons to receive the sites. |
| (4) | In supplying sites to be used for profit-making purposes, such as sites for sales facilities or business facilities, the project implementer shall supply them through competitive bidding. |
| (5) | Notwithstanding paragraphs (2) through (4), a project implementer may provide a site under free contract in any of the following cases: <Amended on Sep. 19, 2017; Mar. 23, 2021> |
| 1. | Where the project implementer supplies a site for constructing public rental housing to a public housing business entity (referring to a public housing business entity under Article 4 of the Special Act on Public Housing; hereinafter the same shall apply); |
| 2. | Where the project implementer supplies a site for public facilities, etc. that cannot be sold to the general public, such as roads, parks, and buildings for public use, to the State, a local government, or any other person eligible to install the relevant facilities pursuant to any statute or regulation; |
| 3. | Where the project implementer supplies the relevant land to a person who has transferred the entire land owned (limited to any of the following cases) in the promotion district to the project implementer in response to consultation held pursuant to the Act on Acquisition of and Compensation for Land for Public Works Projects, in accordance with the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| (a) | Where the land has been owned since before the date of public announcement in Article 20 (2); |
| (b) | Where the entire land has been acquired from the owner of the land falling under item (a) on or after the date of public announcement in Article 20 (2); |
| (c) | Where the land has been acquired by a decision of a court or by inheritance on or after the date of public announcement in Article 20 (2); |
| 4. | Where the project implementer deems it inevitable to supply the relevant land to an owner, etc. of adjacent land, as the utility value of the land is remarkably low in light of its size, shape, geographical conditions, etc.; |
| 4-2. | Where an project implementer falling pursuant to Article 23 (1) 2 of the Act supplies land to a person selected in accordance with the procedures and methods as prescribed by the Minister of Land, Infrastructure and Transport on the ground that it is necessary to develop such land by applying special designs (referring to designs applied where it is necessary to accept creative development proposals or where complex development is necessary to accommodate various purposes of use) for a desirable city development; |
| 5. | Where the supply under paragraphs (2) through (4) has not been realized on at least two occasions; |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the methods of supply, standards for the supply prices, etc. of developed land shall be prescribed by the Minister of Land, Infrastructure and Transport. |
| (7) | A project implementer who intends to supply developed land shall publicly announce the following matters: Provided, That this shall not apply where individual notice has already been given where persons to receive such land are specified or the qualifying eligible persons are restricted: |
| 1. | Name and address of the project implementer and the name of its representative; |
| 2. | Location, size, and specific use of the land (where the land use is restricted, including details of such restriction); |
| 3. | Time frame, methods, and terms and conditions of the supply; |
| 4. | Supply prices and methods of determining the prices; |
| 5. | Eligibility requirements of persons to receive the developed land and methods of selecting them; |
| 6. | Time and place for application for supply; |
| 7. | Documents required when filing an application for supply. |
Upon issuing a disposition or an order pursuant to Article 40 (1) of the Act, the designation authority shall publicly notify the following information in the Official Gazette or public gazette pursuant to Article 40 (3) of the Act: | 1. | Name of the promotion district or project; |
| 2. | Name and address of the project implementer and the name of the representative; |
| 3. | Location and size of the land for the project; |
| 4. | Details and grounds for the disposition or order. |
CHAPTER V SUPPLY, RENTAL AGREEMENT, AND MANAGEMENT OF PRIVATE RENTAL HOUSING
| Article 33-2 (Reporting Supply of Private Rental Housing) |
A rental business entity who intends to supply private rental housing in accordance with Article 42 (4) of the Act shall submit a written report in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing, along with the documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, at least 10 days before the date he or she intends to recruit lessees. <Amended on Jul. 16, 2018> [This Article Newly Inserted on Jul. 11, 2017]
| Article 33-3 (Financial Information on Lessees) |
| (1) | Details of information or data in Article 42-4 (2) of the Act shall be as follows: <Amended on Oct. 22, 2019> |
| 1. | Financial information under Article 42-4 (2) 1 of the Act: The following information or data: |
| (a) | Demand deposits, such as ordinary deposits, savings deposits, and free-access savings deposits: Average balance within the recent three months; |
| (b) | Savings deposits, such as time deposits, time installment deposits, and time savings: Balance or total payment amount; |
| (d) | Receivables, notes, checks, debt certificates, and certificates of preemptive right to new stocks: Face value; |
| (e) | Pension savings: Amount regularly paid or final balance; |
| 2. | Credit information under Article 42-4 (2) 2 of the Act: The following information or data: |
| (a) | Status of loans and details of arrears; |
| (b) | Unsettled credit card bills; |
| 3. | Insurance information under Article 42-4 (2) 3 of the Act: The following information or data: |
| (a) | Insurance policy: Refund amount to be paid upon a cancellation or insurance amount paid within the last one year; |
| (b) | Pension insurance: Refund amount to be paid upon a cancellation or an amount regularly paid. |
| (2) | Pursuant to Article 42-4 (3) of the Act, a lessee (including a person who applies for taking occupancy and a lessee pursuant to agreement; hereafter the same shall apply in Article 33-4), his or her spouse, and a member of the same household as the lessee or his or her spouse may submit written consent to providing financial information, etc. prescribed by the Minister of Land, Infrastructure and Transport in person or via mail, fax, or information and communications network. <Amended on Oct. 22, 2019> |
[This Article Newly Inserted on Jul. 16, 2018]
[Title Amended on Oct. 22, 2019]
| Article 33-4 (Requesting and Providing Financial Information) |
| (1) | Where the Minister of Land, Infrastructure and Transport requests the head of a financial institution, etc. (referring to any financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a centralized credit information collection agency under Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information under Article 33-3 (1) (hereinafter referred to as "financial information, etc.") regarding the lessee, etc., pursuant to Article 42-5 of the Act, he or she shall include the following matters in the request: <Amended on Oct. 22, 2019; Aug. 4, 2020> |
| 1. | Name and resident registration number of a lessee, etc.; |
| 2. | Scope of financial information, etc. requested, the base date of inquiry and the period therefor. |
| (2) | Where the head of a financial institution, in receipt of a request to provide financial information, etc. pursuant to paragraph (1), provides relevant financial information to the Minister of Land, Infrastructure and Transport, he or she shall include the following: |
| 1. | Name and resident registration number of a lessee, etc.; |
| 2. | Names of financial institutions, etc. that provide financial information, etc.; |
| 3. | Name of a financial product about which financial information, etc. is to be provided, and account number thereof; |
| 4. | Details of financial information, etc. |
| (3) | The Minister of Land, Infrastructure and Transport may request the head of a relevant financial institution to provide financial information, etc. via the information and communications network of an association, federation, or national federation which the said financial institution, etc. had joined. |
[This Article Newly Inserted on Jul. 16, 2018]
| Article 33-5 (Requests for Providing Data) |
The Minister of Land, Infrastructure and Transport (including the Minister of Health and Welfare or the head of a local government delegated or entrusted with the duties pursuant to Article 62 (4) 2 of the Act), the Korea Land and Housing Corporation, a local government-invested public corporation, and the Korea Real Estate Board established pursuant to the Korea Real Estate Board Act (hereinafter referred to as the "Real Estate Board") may request the following data pursuant to Articles 42-6 (1) and 59-2 (2) of the Act: <Amended on Jun. 9, 2020; Dec. 8, 2020; Apr. 6, 2021> | 1. | The following data on national and local taxes under Article 42-6 (1) 2 of the Act: |
| (i) | Global income, business income, wage and salary income, and wage and salary income of a daily hire employee under the Income Tax Act; |
| (iii) | Data on business registration (including information on the suspension or closing of business) under the Value-Added Tax Act; |
| (b) | Taxation information relating to acquisition tax, property tax, and automobile tax under the Local Tax Act; |
| 2. | The following data on various types of pension, insurance and benefits under Article 42-6 (1) 3 of the Act: |
| (b) | Data on pensions or benefits for the insured under the following statutes: |
| (ii) | The Military Mutual Aid Association Act; |
| (i) | Data on the imposition and collection of insurance premiums, including monthly remunerations, insurance premiums, and acquisition or loss of eligibility of the insured; |
| (ii) | Information on the eligibility of the dependents; |
| (iii) | Data evidencing the eligibility for a reduction in insurance premiums; |
| (i) | Data on the eligibility of the insured; |
| (ii) | Data on such benefits as unemployment benefits, compensation and support; |
| (i) | Data on benefits, compensation, and support received pursuant to each of the following statutes: |
| (j) | Data on long-term care benefits for a person declared as a beneficiary and long-term care institution under the Long-Term Care Insurance Act; |
| 3. | Data on the following real estate and motor vehicles under Article 42-6 (1) 4 of the Act: |
| (a) | The following data on real estate: |
| (viii) | Data on the right to purchase ownership under the Housing Act; |
| (b) | The following data on motor vehicles: |
[This Article Newly Inserted on Oct. 22, 2019]
| Article 34 (Mandatory Rental Period of Private Rental Housing) |
| (1) | "Time prescribed by Presidential Decree, such as the date of registration as a rental business entity" in Article 43 (1) of the Act means the following applicable date: <Amended on Sep. 19, 2017; Jul. 16, 2018; Dec. 8, 2020> |
| 1. | Privately constructed rental housing: The commencement date of the period designated for occupancy. In such cases, if no period designated for occupancy is set, it refers to the actual lease commencement date stipulated in the rental agreement concluded for the first time on or after the date of the registration as a rental business entity under Article 5 of the Act; |
| 2. | Buy-to-rent private housing: The date of registration as a rental business entity: Provided, That in cases of a housing lease which commences on or after the date of registration as a rental business entity, it shall be the actual lease commencement date stipulated in the rental agreement; |
| 3. | Where a report on change of long-term private rental housing to publicly-funded private rental housing is filed pursuant to the main sentence of Article 5 (3) of the Act: The date of acceptance of the report on change (referring to the date on which a report is deemed accepted in cases falling pursuant to paragraph 5 of that Article): Provided, That in cases of a housing lease which commences on or after the date a report on change is filed, it shall be the actual lease commencement date stipulated in the rental agreement. |
| (2) | A rental business entity which intends to transfer private rental housing during the mandatory rental period pursuant to Article 43 (4) of the Act shall submit the application and accompanying documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing. <Newly Inserted on Jul. 16, 2018> |
| (3) | "Financial conditions, etc. prescribed by Presidential Decree" in Article 43 (4) 1 of the Act means any of the following cases: Provided, That subparagraphs 3 and 4 shall apply only to a rental business entity which has registered at least 300 units or households of private rental housing, the mandatory rental period of which is at least eight years: <Amended on Jul. 16, 2018; Dec. 8, 2020> |
| 1. | Where loss is incurred for two consecutive years; |
| 2. | Where negative operating cash flow has accrued for two consecutive years; |
| 3. | Where at least 20 percent of the total number of units of private rental housing of the relevant rental business entity have been vacant during the last 12 months, and specific private rental housing has remained vacant during the same period; |
| 4. | Where it is difficult to continue the private rental business because the relevant private rental housing is scheduled to be demolished due to a project for redevelopment, rebuilding, etc. pursuant to any relevant statute or regulation; |
| 5. | Where the successor of such rental business entity falls under any of the following provisions: |
| (a) | Where the successor refuses to succeed to the status of a rental business entity; |
| (b) | Where registration is restricted due to any of the causes provided for in Article 5-6 or 5-7 of the Act. |
| (4) | Where the head of a Si/Gun/Gu intends to permit transfer under Article 43 (4) of the Act on the ground under paragraph (3) 3 or 4, the permission shall be granted only for the housing regarding which the relevant ground has occurred. <Amended on Jul 16, 2018> |
| (5) | Where the head of a Si/Gun/Gu intends to permit transfer under Article 43 (4) of the Act on the ground under Article 43 (4) 2 of the Act, a total sale price for housing shall not exceed an estimated amount of operating expenses plus other expenses. <Newly Inserted on Jul. 16, 2018> |
| (6) | The provisions of Article 5 (4) shall apply mutatis mutandis to an application for cancellation of registration under Article 43 (4) of the Act. <Newly Inserted on Dec. 8, 2020> |
"Rate of increase ... prescribed by Presidential Decree" in the main sentence of Article 44 (2) of the Act means the rate classified as follows: | 1. | Private rental housing complex with at least 100 households: The rate of change in the weighted average value of house rents and service indexes related to maintaining and repairing residential facilities and other residence-related services in the Special Metropolitan City, the Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province where the rental house is located, from among consumer price index items classified according to the purpose of expenditure publicly notified by the Commissioner of the Statistics Korea pursuant to the Statistics Act: Provided, That where there is a rate applicable within the competent Si/Gun/autonomous Gu as prescribed by ordinance of Si/Gun/autonomous Gu, such rate shall apply; |
| 2. | Private rental housing except for those specified in subparagraph 1: Five percent of the rent: Provided, That housing price index and the rate of change in rents in surrounding areas shall be taken into account. |
[This Article Newly Inserted on Feb. 12, 2019]
| Article 35 (Revoking and Terminating Rental Agreements) |
| (1) | A rental business entity shall not revoke, terminate, or refuse to renew, a rental agreement while being registered as a rental business entity pursuant to Article 45 (1) of the Act, except when the relevant lessee falls pursuant to any of the following cases: <Amended on Jul. 16, 2018; Feb. 12, 2019; Jan. 13, 2022> |
| 1. | Where he or she obtains tenancy in the relevant private rental housing unit by fraud or other improper means; |
| 2. | Where he or she fails to take occupancy in the relevant private rental housing unit within three months from the time prescribed in the subparagraphs of Article 34 (1) without fault attributable to the rental business entity; |
| 3. | Where he or she fails to pay the monthly rent for at least three consecutive months; |
| 4. | Where he or she alters, expands, or modifies the relevant private rental housing unit or any of its ancillary facilities, or uses it for other than the original purpose without consent from the rental business entity; |
| 5. | Where he or she intentionally damages or demolishes the relevant private rental housing unit or any of its ancillary facilities; |
| 5-2. | Where the lessee of a publicly-funded private rental housing unit falls under any of the following cases: |
| (a) | Where the lessee’s assets or income exceeds eligibility requirements under Article 42 (2) of the Act and surpasses the criteria prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| (b) | Where the lessee acquires ownership of another house during the rental contract period: Provided, That this shall not apply to any of the following cases: |
| (i) | Where the lessee acquires ownership of another house as a result of inheritance, court ruling, or marriage or due to any other unavoidable reason; and where he or she disposes of such house within six months after being notified of the fact that the rental agreement may be revoked or terminated or its renewal may be refused; |
| (ii) | Where a member of a household which acquires ownership of a house due to a cause, such as marriage, reports vacating within 14 days after acquiring ownership, thus leading to the separation of households; |
| (iii) | Where the lessee is selected, on a first-come, first-served basis, as an occupant of any publicly-funded private rental housing unit that remain unoccupied after occupants of publicly-funded private rental housing units are selected; |
| 5-3. | Where he or she is found to have taken occupancy in both publicly-funded private rental housing and public rental housing; or to have signed two separate agreements pursuant to Article 42-2 of the Act; |
| 6. | Where he or she fails to fulfill any of the obligations specified in the standard form rental agreement under Article 47 of the Act. |
| (2) | "Cases prescribed by Presidential Decree, such as where the head of a Si/Gun/Gu deems that a serious defect exists in rental housing, making it impracticable to reside therein" in Article 45 (2) of the Act means any of the following cases: <Newly Inserted on Feb. 12, 2019; Jun. 20, 2023> |
| 1. | Where the head of a Si/Gun/Gu deems that a serious defect exists in the private rental housing, making it impracticable to reside therein; |
| 2. | Where the rental business entity damages appurtenant facilities or welfare facilities of the private rental housing against the will of the lessee; |
| 3. | Where it is impossible to move into the rental house within three months from the expiry of the period designated for occupancy due to reasons attributable to the rental business entity; |
| 4. | Where the rental business entity fails to fulfill the obligations specified in the standard form rental agreement under Article 47 of the Act; |
| 5. | Where the rental business entity required to purchase a guarantee for rental security deposit pursuant to Article 49 of the Act fails to purchase it. |
| Article 36 (Reporting Rental Agreements) |
| (1) | A rental business entity shall report the following matters and any change thereof to the head of a Si/Gun/Gu pursuant to Article 46 (1) and (2) of the Act: <Amended on Jul. 16, 2018; Oct. 22, 2019> |
| 3. | Amount of loans obtained to acquire the ownership of private rental housing (limited to buy-to-rent private housing); |
| 4. | Current status of lessees (limited to quasi-housing). |
| (2) | A rental business entity who intends to report the matters specified in the subparagraphs of paragraph (1) or any change thereof shall submit a report or report on change prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing or the head of a Si/Gun/Gu having jurisdiction over the place of the domicile of the rental business entity, along with the standard form rental agreement under Article 47 of the Act: Provided, That where he or she intends to report (excluding report on change) the existing rental agreement under the proviso of Article 44 (1) 2 which is not a standard form rental agreement under Article 47 of the Act, he or she shall attach all of the following documents: <Amended on Jul. 16, 2018; Oct. 22, 2019> |
| 2. | Data that can objectively evidence that the rental business entity has communicated his or her registration as a rental business entity to the lessee in person, by notice with a content-certified mail or by any other means. |
| (3) | Where the head of a Si/Gun/Gu having jurisdiction over the place of the domicile of a rental business entity receives a report or report on change pursuant to paragraph (2), he or she shall transfer it immediately to the head of a Si/Gun/Gu having jurisdiction over the location of the relevant private rental housing. <Amended on Oct. 22, 2019> |
| (4) | Upon receipt of a report or report on change pursuant to paragraph (2) or (3), the head of a Si/Gun/Gu (referring to the head of a Si/Gun/Gu having jurisdiction over the location of the private rental housing; hereafter the same shall apply in paragraph (5)) shall verify the details of such report or report on change and record them in the ledger of reports on the terms of the rental within 10 days from the date of receipt of such report or report on change (referring to the date of transfer in the case of paragraph (3)), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and shall issue a certificate of reporting on the terms of rental or certificate of reporting on change, to the reporting person. <Amended on Oct. 22, 2019> |
| (5) | The head of a Si/Gun/Gu shall publicly announce the terms of rental, or any change thereof, reported or re-reported by a rental business entity pursuant to Article 46 (1), (2) and (4) of the Act in the public gazette of the relevant local government by no later than the end of the month following the end of each quarter. <Amended on Jul. 16, 2018; Feb. 12, 2019> |
| Article 37 (Rental Business Entity's Obligation to Provide Explanation and Method of Confirmation) |
| (1) | "Matters prescribed by Presidential Decree, such as the guarantee period for rental security deposit under Article 49 of the Act" in Article 48 (1) 1 of the Act means the following: <Amended on Jan. 13, 2022> |
| 1. | Amount of guarantee coverage; |
| 3. | Calculation method and amount of the guarantee fee, its apportionment ratio, and method of payment; |
| 4. | Matters concerning the refund or additional payment of the guarantee fee where the rental agreement is revoked or terminated, or the rental security deposit is increased or decreased, during the guarantee period; |
| 5. | Matters concerning the redemption of guarantee where the grantee period expires during the rental agreement period; |
| 6. | Important matters determined and publicly notified by the Minister of Land, Infrastructure and Transport in the terms and conditions of guarantee. |
| (2) | The title relationship that a rental business entity shall explain and obtain confirmation on pursuant to Article 48 (1) 2 of the Act shall be as follows: |
| 1. | Matters concerning the restricted real right set for the rental house and matters related to seizure, provisional seizure, temporary disposition, etc.; |
| 2. | Matters concerning the default of national and local taxes by the rental business entity. |
| (3) | Where a rental business entity concludes a rental agreement with a lessee or modifies any provision thereof pursuant to Article 48 (1) of the Act, he or she shall deliver the lessee a standard form rental agreement which includes the matters under paragraphs (1) and (2), and provide the lessee with a full explanation thereof to enable the lessee to understand such agreement; and the lessee shall verify it by placing his or her signature or writing his or her name with his or her seal affixed. |
| (5) | The information to be provided by a rental business entity to a person who intends to enter into a rental agreement pursuant to Article 48 (2) of the Act shall be as follows: <Newly Inserted on Dec. 8, 2020> |
| 1. | Subject matter of the lease; |
| 2. | The date when the start date of occupation is confirmed; |
[Title Amended on May 26, 2020]
| Article 38 (Purchasing Guarantee for Rental Security Deposit) |
| (1) | "Number ... prescribed by Presidential Decree" in Article 49 (1) 3 of the Act means 100 units. <Amended on Oct. 22, 2019> |
| (2) | Deleted. <Feb. 6, 2024> |
| (3) | Upon purchasing a guarantee for rental security deposit, a rental business entity under Article 49 (1) of the Act shall submit, without delay, a copy of the relevant guarantee to the head of a Si/Gun/Gu having jurisdiction over the seat of the private rental housing. |
| (4) | The head of a Si/Gun/Gu in receipt of a copy of the letter of guarantee submitted pursuant to paragraph (3), shall retain it until the guarantee period expires. |
| (5) | Where a rental business entity under Article 49 (1) of the Act has purchased a guarantee for rental security deposit, he or she shall promptly deliver to the lessee each copy of the letter of guarantee and the terms and conditions of guarantee after a lessee has taken occupancy in the relevant private rental housing. |
| (6) | A rental business entity under Article 49 (1) of the Act shall publicly announce the purchase of a guarantee for rental security deposit at a place easily visible to his or her lessees. The same shall also apply where the guarantee purchased is terminated or altered. |
| Article 39 (Amount of Guarantee Coverage) |
| (1) | "Amount ... prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 49 (3) of the Act shall be the value of security rights plus the aggregate of rental security deposits minus the amount corresponding to 60/100 of the housing price. |
| (2) | The methods of calculating the housing price under the latter part, with the exception of the subparagraphs, of Article 49 (3) of the Act shall be any of the following: <Amended on Dec. 8, 2020; Jan. 13, 2022> |
| 3. | Method of calculating an amount by applying the housing price calculation standard that a company providing a guarantee adopts when guaranteeing the return of deposit money, in accordance with the method determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Wholly Amended on Oct. 22, 2019]
| Article 39-2 (Provision of Data on Purchase of Guarantee) |
| (1) | Upon receipt of data on the fact that a rental business entity purchases a guarantee or terminates a guarantee contract, which are submitted by a company providing such guarantee pursuant to the latter part of Article 49 (6) of the Act, the head of a Si/Gun/Gu shall provide the Minister of Land, Infrastructure and Transport with the following submitted data by the 15th day of the month following the month in which the date of receipt of such data falls: |
| 1. | The name and address of the rental business entity (in cases of a corporation, the title and the location of the head office; |
| 2. | The amount and period of guarantee, and the date of purchase or termination of guarantee; |
| 3. | Other data determined by the Minister of Land, Infrastructure and Transport. |
| (2) | The head of a Si/Gun/Gu may provide data pursuant to paragraph (1) by entering the data specified in the subparagraphs of paragraph (1) into the rental housing information system pursuant to Article 60 (1) of the Act. |
[This Article Newly Inserted on Jan. 13, 2022]
| Article 40 (Payment Methods of Guarantee Fees) |
Methods of paying a guarantee fee, the sharing ratio of a guarantee fee, etc. in Article 49 (8) of the Act shall be as follows: <Amended on Jul. 11, 2017; Dec. 8, 2020; Feb. 6, 2024> | 1. | The rental business entity shall bear 75 percent of the guarantee fee for rental security deposit and the lessee shall bear 25 percent thereof: Provided, That, where a rental business entity recruits lessees before conducting occupancy inspection, the whole amount of guarantee fee accruing from the date of recruiting lessees to the date of occupancy inspection shall be borne by the rental business entity; |
| 2. | The guarantee fee shall be borne by the rental business entity. In such cases, the rental business entity shall collect the guarantee fee to be borne by the lessee by including it in the rent, and specify the details thereof in a notice for payment of rent; |
| 3. | Where the guarantee fee is paid in installments pursuant to Article 49 (4) of the Act, a recalculated guarantee fee shall be paid by no later than each anniversary from the date of guarantee agreement of a rental security deposit. |
| Article 41 (Managing Private Rental Housing) |
| (1) | "Buy-to-rent private housing prescribed by Presidential Decree" in Article 51 (1) of the Act means buy-to-rent private housing that a rental business entity leases after purchasing all the housing constructed and supplied by a project undertaker pursuant to Article 54 of the Housing Act. <Amended on Aug. 11, 2016> |
| (3) | "Scale prescribed by Presidential Decree, such as multi-family housing with not less than 300 households" in Article 51 (2) of the Act means the scale of private rental housing falling under any of the following, for each private rental housing complex: <Amended on Dec. 8, 2020> |
| 1. | Multi-family housing with at least 300 households; |
| 2. | Multi-family housing with at least 300 households for which elevators are installed; |
| 3. | Multi-family housing with at least 150 households for which central or local heating systems are installed. |
| (5) | Cases where rental business entities may jointly manage private rental housing pursuant to Article 51 (4) of the Act are where there is a written consent from the council of lessees' representatives (hereinafter referred to as "council of lessees’ representatives") or a majority of the lessees (only in cases where there is no council of lessees' representatives) of each complex under Article 52 (1) of the Act; and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si or Gun deems it reasonable to jointly manage two or more private rental housing. <Amended on Jul. 16, 2018; Feb. 12, 2019> |
| (6) | In applying the criteria for technical personnel and equipment under paragraph (4) to two or more private rental housing complexes jointly managed pursuant to paragraph (5), the two or more private rental housing complexes shall be deemed a single private rental housing complex: Provided, That this shall not apply where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun requires respective private rental housing complexes to meet the criteria based on such considerations as distances between private rental housing complexes and safety. <Newly Inserted on Feb. 12, 2019> |
| (7) | The rental business entity shall bear the expenses necessary for the maintenance, management, and operation of the private rental housing (hereinafter referred to as "advance management expenses") until the lessee first pays the expenses necessary for managing the private rental housing pursuant to Article 51 (6) of the Act. In such cases, the advance management expenses shall be paid to the management entity pursuant to the Multi-family Housing Management Act (hereinafter referred to as the "management entity") before the date when the lessee is allowed to move in. <Newly Inserted on Feb. 6, 2024> |
| (8) | Where the lease term of the relevant lessee expires, the management entity shall return the advance management expenses paid pursuant to paragraph (7) to the rental business entity: Provided, That in cases where another lessee is planning to move into the relevant house, etc., and the rental business entity and the management entity determine it through consultation, the advance management fee may not be refunded. <Newly Inserted on Feb. 6, 2024> |
| (9) | The amount of advance management expenses to be paid to a management entity pursuant to paragraph (7) shall be determined by a consultation between a rental business entity and a management entity, taking into account the type of private rental housing concerned, the number of households, etc. <Newly Inserted on Feb. 6, 2024> |
| Article 42 (Council of Lessees' Representatives) |
| (1) | "Number of households prescribed by Presidential Decree" in the main sentence of Article 52 (1) of the Act means 20 households. <Amended on Feb. 12, 2019> |
| (2) | "Multi-family housing complex prescribed by Presidential Decree" in the proviso of Article 52 (1) of the Act means any of the following multi-family housing complex: <Newly Inserted on Feb. 12, 2019; Dec. 8, 2020> |
| 1. | Multi-family housing complex with at least 300 households; |
| 2. | Multi-family housing complex which falls under subparagraph 2 or 3 of Article 41 (3). |
| (3) | Where lessees under the proviso of Article 52 (1) of the Act do not constitute a council of lessees' representatives pursuant to Article 52 (3) of the Act, the rental business entity shall notify lessees of the fact that such council shall be organized as well as of the matters to be discussed at the council under Article 52 (4) of the Act and the organization and operation of the council pursuant to this Article, at least once a half year. <Newly Inserted on Feb. 12, 2019> |
| (4) | "Matters prescribed by Presidential Decree" in Article 52 (4) 5 of the Act means the following: <Amended on Jul. 16, 2018; Dec. 31, 2018; Feb. 12, 2019> |
| 1. | Rectification of defects; |
| 2. | Matters agreed by a rental business entity and the council of lessees' representatives on the management of multi-family housing; |
| 3. | In cases of opening parking lots for private rental housing to those other than lessees, the following: |
| (a) | A number of cars that can be parked and the location; |
| (b) | Opening hours of the parking lot; |
| (c) | Matters concerning collecting and using parking fees; |
| (d) | Other matters necessary for appropriately opening the parking lot. |
| (5) | Upon request by a council of lessees' representatives for consultation on the matters in the subparagraphs of Article 52 (4) of the Act, the rental business entity shall conscientiously respond to such request. <Amended on Feb. 12, 2019> |
| (6) | A council of lessees' representatives shall consist of the representatives elected in proportion to the number of households of each building of private rental housing (hereinafter referred to as "representative of a building"). <Amended on Feb. 12, 2019> |
| (7) | A person eligible to serve as the representative of a building shall be a lessee residing in the relevant private rental housing complex for at least six consecutive months: Provided, That this shall not apply where the council of lessees' representatives is newly formed. <Amended on Feb. 12, 2019> |
| (8) | A council of lessees' representatives shall elect a chairperson, a vice chairperson, and an auditor from among the representatives of buildings. <Amended on Feb. 12, 2019> |
| (9) | When a council of lessees' representatives intends to hold a meeting, it shall notify the lessees of, or publicly announce, the purpose, date and time, place, etc. of such meeting at least five days prior to the date of the scheduled meeting. <Amended on Feb. 12, 2019> |
| (10) | A council of lessees' representatives shall, without delay, notify the lessees of, or publicly announce, the progress of execution of major affairs, such as matters resolved upon at such council, the results of consultation with the rental business entity, etc. <Amended on Feb. 12, 2019> |
| (11) | When a council of lessees' representatives has held a meeting, it shall prepare and retain minutes thereof; and, if a lessee requests to inspect or reproduce such minutes at his or her own expense, it shall comply with such request. <Amended on Feb. 12, 2019> |
| Article 42-2 (Opening Parking Lots for Private Rental Housing) |
Where a rental business entity obtains written consent of a majority of all lessees to matters determined following consultation with the council of lessees’ representatives pursuant to Article 42 (4) 3, he or she may enter into an agreement with a local government and open a parking lot in accordance therewith. In such cases, the operator and manager of the parking lot for private rental housing shall be determined from among those designated by a government, a local public agency established pursuant to Article 76 of the Local Public Enterprises Act, or the head of a local government, in consultation with the relevant local government. <Amended on Feb. 12, 2019> [This Article Newly Inserted on Dec. 31, 2018]
| Article 43 (Rate and Procedures for Using Reserve to Cover Special Repair Expenses) |
| (1) | A rental business entity of private rental housing under Article 53 (1) of the Act shall formulate a long-term repair plan (referring to a long-term repair plan under Article 29 of the Multi-Family Housing Management Act; hereinafter the same shall apply) for common areas, incidental facilities, and welfare facilities (excluding facilities sold in lots) of the relevant private rental housing (limited to multi-family housing specified in the subparagraphs of Article 41 (3)); shall submit the plan when he or she files an application for inspection of occupancy under Article 49 of the Housing Act; and shall keep it in the management office located in the relevant private rental housing complex during the lease term. <Amended on Aug. 11, 2016> |
| (2) | A long-term repair plan under paragraph (1) shall meet the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | A rental business entity obligated to formulate a long-term repair plan pursuant to paragraph (1), shall accumulate reserves for appropriations for special repairs under Article 53 (1) of the Act (hereinafter referred to as "reserves for appropriations for special repairs") each month from the month in which one year passes from the inspection date of occupancy or the date of approval for temporary occupancy, at the rate of 1/10,000 of the standard construction cost as at the time the project plan is approved pursuant to Article 15 (1) of the Housing Act. <Amended on Aug. 11, 2016> |
| (4) | The reserves for appropriations for special repairs shall be deposited in a finance company, etc. jointly under the names of the rental business entity and the head of a Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing, and shall be managed separately. |
| (5) | When a rental business entity intends to use the reserves for appropriations for special repairs, he or she shall pre-consult with the head of a Si/Gun/Gu having jurisdiction over the seat of the relevant private rental housing. |
| (6) | The head of a Si/Gun/Gu shall report on whether reserves for appropriations for special repairs are accumulated, the accumulated amounts thereof, etc. with the competent Mayor/Do Governor, as prescribed by Ordinance of the Minister of Land, Infrastructure and Transport; and the Mayor/Do Governor shall report thereon with the Minister of Land, Infrastructure and Transport after incorporating the reports from the heads of Sis/Guns/Gus under their authority. |
| (7) | Except as provided in paragraphs (1) through (6), methods and detailed procedure for using the reserves for appropriations for special repairs, and other necessary matters shall be specified in a long-term repair plan. |
| Article 44 (Rental Housing Dispute Mediation Committees) |
| (1) | Deleted. <Feb. 12, 2019> |
| (2) | The vice chairperson of a rental housing dispute mediation committee under Article 55 (1) of the Act (hereinafter referred to as "mediation committee") shall be elected by and from among its members. <Amended on Feb. 12, 2019> |
| (3) | Deleted. <Feb. 12, 2019> |
| (4) | Articles 28 and 29 shall apply mutatis mutandis to the exclusion, challenge, and abstention of members, and the removal of commissioned members. |
[Title Amended on Feb. 12, 2019]
| (1) | Meetings of a mediation committee shall be convened by the chairperson. |
| (2) | The chairperson shall advise the members of the agenda for a meeting by not later than two days before the day of such meeting. |
| (3) | Meetings of a mediation committee shall be held with the attendance of a majority of its members; and resolutions shall be made with the affirmative vote of a majority of all the members present. |
| (4) | The chairperson shall appoint one person, from among officials of the relevant local government in charge of private or public rental housing affairs, as a secretary to handle administrative affairs of the mediation committee. |
| (5) | The secretary shall prepare minutes for the meetings of the mediation committee and keep them pursuant to the Public Records Management Act; and the following matters shall be included in such minutes: |
| 1. | The time and venue of each meeting held; |
| 2. | A list of signatures of the members present; |
| 3. | The agenda and conclusions of each meeting; |
| 4. | Other important matters discussed. |
| (6) | Allowances shall be paid, and travel expenses shall be reimbursable, to each member who has attended a meeting of a mediation committee within the budget: Provided, That this shall not apply where a public official member attends such meeting in direct relation to his or her affairs. |
| (7) | A mediation committee may request a rental business entity to submit necessary data to mediate a dispute on the relevant private or public rental housing. |
| Article 46 (Subject Matter of Mediation) |
"Matters prescribed by Presidential Decree" in Article 56 (1) 4 of the Act means those related to conversion for sale in lots, housing management, repayment of loans from the National Housing Urban Fund, refund of rental security deposit, etc. of private rental housing of any of the following rental business entities: | 1. | A rental business entity against whom a clearing house issues a disposition for business suspension because of his or her failure to settle bills or checks issued by the due date; |
| 2. | A rental business entity who fails to pay interest on loans from the Housing and Urban Fund established under the Housing and Urban Fund Act for more than six months; |
| 3. | A rental business entity obligated to purchase a guarantee for rental security deposit pursuant to Article 49 (1) of the Act, in whose case six months has passed after the purchase or repurchase of a guarantee for rental security deposit is rejected; |
| 4. | A rental business entity whose parent company (referring to a parent company under Article 342-2 of the Commercial Act) is subject to a disposition specified in subparagraph 1 and whose equity capital is completely impaired. |
| Article 47 (Operating Rules) |
Except as provided in this Decree, matters necessary for meetings and the operation, etc. of a mediation committee shall be determined by the chairperson following a resolution passed at the mediation committee.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 48 (Promoters for Establishment of Association) |
"Number prescribed by Presidential Decree" in Article 59 (1) of the Act means the following number of promoters: | 1. | A rental business trade association: 5 persons; |
| 2. | A housing rental management business trade association: 10 persons. |
| Article 48-2 (Support for Rental Business) |
Where the Minister of Land, Infrastructure and Transport requires the Korea Land and Housing Corporation, a local government-invested public corporation, or the Real Estate Board to perform each of the duties specified in the subparagraphs of Article 59-2 (1) of the Act, he or she shall publicly notify such fact, the agencies that have performed relevant duties, and the duties that were performed in the Official Gazette. [This Article Newly Inserted on Dec. 8, 2020]
| Article 49 (Providing Data) |
| (1) | The data that the head of a Si/Gun/Gu and a public housing business entity should provide to the Minister of Land, Infrastructure and Transport pursuant to Article 60 (2) of the Act shall be as follows: <Amended on Jul. 11, 2017; Mar. 27, 2018; Jul. 16, 2018; Mar. 23, 2021> |
| 1. | Data on rental housing, such as the types, categories, area, etc. of private rental housing or public rental housing; |
| 2. | Names and resident registration numbers of rental business entities and public housing business entities (in cases of corporations, referring to their trade names, representatives' names, and corporate registration numbers); |
| 3. | Names and resident registration numbers (limited to public rental housing) of lessees (including those of the household members residing therewith); |
| 4. | Data on rental agreements, such as the terms of rental; |
| 5. | Information on the supply of private rental housing included in the documents submitted by the rental business entity when he or she has filed a report pursuant to Article 42 (4) of the Act; |
| 5-2. | Data on purchasing by rental business entities of guarantee for rental security deposit under Article 49 of the Act; |
| 6. | Other data prescribed by Ordinance of the Ministry of Infrastructure and Transport regarding managing private rental housing or public rental housing. |
| (2) | "Data prescribed by Presidential Decree, such as resident registration, national taxes, and local taxes" in the former part of Article 60 (3) of the Act means the following data: <Newly Inserted on Mar. 27, 2018; May 8, 2018; Mar. 23, 2021; Jan. 13, 2022> |
| Article 50 (Establishing and Operating Rental Housing Information System) |
| (1) | The Minister of Land, Infrastructure and Transport may perform the following affairs to establish and operate the rental housing information system under Article 60 (1) of the Act (hereinafter referred to as "Information System"): <Amended on Mar. 27, 2018; Jul. 16, 2018; Feb. 12, 2019> |
| 1. | Collecting information to identify the current status of rental housing, and establishing and managing a relevant database, and producing statistics; |
| 1-2. | Electronic processing of ledgers regarding application for registration of rental business entities, reporting of change or cancellation of any registered matter, reporting of registration of rental business entities, and reporting of rental agreements; |
| 1-3. | Survey on the errors to enhance the accuracy of registration data of rental housing and statistics of rental housing and request for improvement; |
| 2. | Research and development regarding establishing and operating the Information System and technical assistance thereto; |
| 3. | Standardizing databases, and establishment of compatible systems therefor to jointly utilize information on private rental housing and public rental housing; |
| 4. | Connecting and cooperating with agencies or organizations which hold information on private rental housing and public rental housing, and implementing joint projects therewith; |
| 5. | Other matters necessary for establishing and operating the Information System. |
| (2) | To establish the Information System, the Minister of Land, Infrastructure and Transport may request the head of a central administrative agency, a local government, the Korea Land and Housing Corporation, or a local government-invested public corporation to submit relevant information, statistics, etc. on private or public rental housing collected and held thereby. In such cases, the head of an agency in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | The Minister of Land, Infrastructure and Transport may provide rental business entities, public housing business entities, or the general public with the information contained in the Information System on the website of the Ministry of Land, Infrastructure and Transport. |
| (4) | Notwithstanding paragraph (3), none of the following matters shall be disclosed. In such cases, the grounds for and the period of non-disclosure shall be published, and shall be disclosed immediately at the time the grounds for non-disclosure cease to exist or the period of non-disclosure expires: |
| 1. | Matters concerning private individuals included in the relevant information, such as the names and resident registration numbers, which are deemed likely to infringe on privacy of such individuals, if disclosed; |
| 2. | Other matters deemed objectively likely to compromise the fairness of polices on rental housing and operation of information, if disclosed. |
| (5) | Where any error, such as clerical errors or omissions, exists in the registration data of rental housing, the Minister of Land, Infrastructure and Transport may request the head of a Si/Gun/Gu to take necessary measures, such as verification of the fact and correction. <Newly Inserted on Feb. 12, 2019> |
| (6) | Where it is found that the grounds for modification, such as any clerical error and omission, notified pursuant to paragraph (5), are obvious, the head of a Si/Gun/Gu may ex officio correct or make entries in the register of rental business entities and reports on rental agreements. In such cases, the head of the Si/Gun/Gu shall notify the rental business entity of the fact without delay. <Newly Inserted on Feb. 12, 2019> |
| (7) | Where there is any ground for canceling the registration of a rental business entity, such as the mismatch of ownership, the Minister of Land, Infrastructure and Transport may request the head of a Si/Gun/Gu to cancel the registration of the rental business entity. In such cases, the head of the Si/Gun/Gu shall take necessary measures following verification of the relevant rental business entity and notify the Minister of Land, Infrastructure and Transport of the results thereof. <Newly Inserted on Feb. 12, 2019> |
| (8) | The Minister of Land, Infrastructure and Transport may require Mayors/Do Governors to inspect statistics on private rental housing, data on the registration of rental business entities, and other relevant data in Sis/Guns/autonomous Gus under their jurisdictions for the comprehensive management of private rental housing through the Information System. In such cases, inspection of personal information may be restricted. <Newly Inserted on Mar. 23, 2021> |
| Article 50-2 (Disclosure of Rental Business Entities Who Fail to Fulfill Obligation to Return Security Deposit) |
| (1) | "Where the rental business entity has died or any other ground prescribed by Presidential Decree exists" in the proviso, with the exception of the subparagraphs, of Article 60-2 (1) of the Act means any of the following cases: |
| 2. | Where a rental business entity fully fulfills its obligation to return the security deposit; |
| 3. | Where the Deliberation Committee for Disclosure of Information on Lessors under Article 60-2 (5) of the Act (hereinafter referred to as the "Deliberation Committee for Disclosure of Information on Lessors") deems it necessary to exclude the rental business entity subject to disclosure as he or she returns at least 50/100 of the security deposit and provides a sufficient explanation of a plan for returning and financing the remaining security deposit; |
| 5. | Cases equivalent to those under subparagraphs 1 through 3 where the Deliberation Committee for Disclosure of Information on Lessors deems that disclosing the name, etc. of the rental business entity brings no practical benefits or that such disclosure is inappropriate. |
| (2) | Where the head of a Si/Gun/Gu submits the name, etc. of a rental business entity whose registration has been canceled pursuant to Article 6 (1) 12 of the Act to the Minister of Land, Infrastructure and Transport pursuant to Article 60-2 (2) of the Act, he or she shall submit it within 14 days from the date on which the reason for the disclosure occurs (referring to the date when six months have elapsed from the date of cancellation of the registration of the rental business entity). |
| (3) | Where the Minister of Land, Infrastructure and Transport notifies a rental business entity of being subject to disclosure pursuant to Article 60-2 (3) of the Act, he or she shall guide the rental business entity to submit explanatory materials, if any ground therefor exists, in writing within one month from the date the rental business entity receives the notice. |
| (4) | Disclosure under Article 60-2 (1) of the Act shall be made by any of the following methods: |
| 1. | Method of posting on the website of the Ministry of Land, Infrastructure and Transport; |
| 2. | Method of uploading to a rental housing information system under Article 60 (1) of the Act; |
| (5) | Where a rental business entity that is a juristic person is to be disclosed, the representative of the juristic person shall be disclosed together. |
| (6) | "Ground prescribed by Presidential Decree arises, such as where a rental business entity returns a security deposit" in Article 60-2 (6) of the Act means any of the subparagraphs of paragraph (1). |
| (7) | Where the Minister of Land, Infrastructure and Transport discloses names, etc. pursuant to Article 60-2 (1) of the Act or deletes the names, etc. disclosed pursuant to paragraph (6) of the same Article, it shall inform the person subject to disclosure or his or her heir or legal representative of such fact without delay. |
| (8) | In addition to the matters under paragraphs (1) through (7), necessary matters concerning the procedures, methods, etc. of the disclosure of the name, etc. of a rental business entity under Article 60-2 of the Act shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 50-3 (Composition and Operation of Deliberation Committee on Disclosure of Lessors' Information) |
| (1) | The Deliberation Committee for Disclosure of Information on Lessors shall be composed of seven members, including one chairperson. |
| (2) | The chairperson of the Deliberation Committee for Disclosure of Information on Lessors shall be appointed by the Minister of Land, Infrastructure and Transport from among its members, and members shall be appointed or commissioned by the Minister of Land, Infrastructure and Transport from among the following persons: |
| 1. | Public officials of Grade V or higher from the Ministry of Land, Infrastructure and Transport (including members in general service of the Senior Executive Service); |
| 2. | Those who have majored in laws, economics, real estate, and other academics related to housing and who served or have been serving as an assistant professor at the schools under Article 2 of the Higher Education Act; |
| 3. | Persons who served or have been serving as a judge, prosecutor, or attorney-at-law for at least six years; |
| 4. | Persons with specialized knowledge and experience in laws, economics, real estate, and other academics related to housing. |
| (3) | The term of office of a member under paragraph (2) 2 through 4 shall be two years. |
| (4) | Articles 28 and 29 shall apply mutatis mutandis to the exclusion, challenge, and abstention of members, and the removal of commissioned members. |
| (5) | The chairperson shall represent the Deliberation Committee for Disclosure of Information on Lessors and exercise general supervision over its duties: Provided, That where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member designated in advance by the chairperson shall act on behalf of the chairperson. |
| (6) | A majority of the members of the Deliberation Committee for Disclosure of Information on Lessors shall constitute a quorum, including the chairperson, and any decision thereof shall require the concurring vote of a majority of those present. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition, operation, etc. of the Deliberation Committee for Disclosure of Information on Lessors shall be determined by the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Sep. 26, 2023]
| Article 51 (Reporting by Heads of Local Governments) |
Matters that the head of a local government should report to the Minister of Land, Infrastructure and Transport pursuant to Article 61 (4) of the Act shall be as follows: | 1. | Results of registration of private rental housing under Article 5 of the Act; |
| 2. | Private rental housing remaining unrented; |
| Article 52 (Entrustment of Business Affairs) |
Upon entrusting business affairs concerning the establishment and operation of the Information System pursuant to Article 62 (4) 3 of the Act, the Minister of Land, Infrastructure and Transport shall publicly notify such fact and the institution entrusted with the business affairs in the Official Gazette. [This Article Newly Inserted on May 26, 2020]
| Article 53 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and take measures for improvement, etc.: <Amended on Jul. 16, 2018>
| 1. | Eligibility requirements for commercial rental business entities, criteria for registration of rental business entities, etc. under Article 4: January 1, 2016; |
| 2. | Deleted; <Dec. 31, 2018> |
| 3. | Rates, procedures for use, etc. of reserves for appropriations for special repairs under Article 43: January 1, 2016. |
| Article 54 (Processing Personally Identifiable Information) |
| (1) | The Minister of Land, Infrastructure and Transport (including a person entrusted with the duties of the Minister of Land, Infrastructure and Transport pursuant to Article 62 of the Act); the Mayor/Do Governor; the head of a Si/Gun/Gu; the designated agency for computerized management under Article 42-2 of the Act; or the Korea Land and Housing Corporation, or a local government-invested public corporation, or the Real Estate Board pursuant to Article 59-2 of the Act may process data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential for performing the following affairs: <Amended on Mar. 27, 2017; Jul. 16, 2018; Feb. 12, 2019; Dec. 8, 2020> |
| 1. | Affairs related to registering rental business entities under Article 5 of the Act; |
| 2. | Affairs related to canceling registration of rental business entities under Article 6 of the Act; |
| 3. | Affairs related to registering housing rental management business under Article 7 of the Act; |
| 4. | Verifying written consent obtained from landowners under Articles 23 (4) and 34 (1) of the Act; |
| 4-2. | Ascertaining taking occupancy in both publicly-funded private rental housing and public rental housing and computerized management of information on lessees under Article 42-2 of the Act; |
| 4-3. | Consent to providing financial information, etc. under Article 42-4 of the Act; |
| 4-4. | Providing financial information, etc. under Article 42-5 of the Act; |
| 4-6. | Collecting, managing, retaining, or utilizing data and information under Article 42-7 of the Act; |
| 5. | Affairs related to reports on transfer of rental housing and granting approval therefor under Article 43 of the Act and Article 34 of this Decree; |
| 6. | Affairs related to reporting on rental agreements under Article 46 of the Act; |
| 7. | Authorization for incorporating an association under Article 59 (1) of the Act; |
| 7-2. | Affairs concerning the verification of eligibility of lessees for supporting rental business, etc. under Article 59-2 of the Act; |
| 8. | Collecting, etc. data and information under Article 60 of the Act. |
| (2) | A rental business entity (including a designated agency for computerized management under Article 42-2 of the Act or an institution entrusted by a rental business entity to perform the affairs related to selecting lessees on behalf of the rental business entity as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport) may manage data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act to perform the following affairs: <Amended on Sep. 19, 2017; Jul. 16, 2018; Feb. 12, 2019> |
| 1. | Affairs related to supplying private rental housing under Article 42 of the Act; |
| 2. | Ascertaining taking occupancy in both publicly-funded private rental housing and public rental housing under Article 42-2 of the Act; |
| 3. | Verifying eligibility requirements for lessees of publicly-funded private rental housing under Article 42-3 of the Act. |
CHAPTER VII PENALTY PROVISIONS
| Article 55 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for the imposition of administrative fines under Article 67 (1) through (4) of the Act shall be as specified in attached Table 3. <Amended on Oct. 22, 2019; Dec. 8, 2020> |
| (2) | Upon imposing an administrative fine, the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu having jurisdiction over the location of private rental housing shall notify the head of a Si/Gun/Gu having jurisdiction over the address of the rental business entity of such fact. In such cases, the head of the Si/Gun/Gu having jurisdiction over the address of the rental business entity shall record the notified matters in the register. <Newly Inserted on Oct. 22, 2019> |
[Title Amended on Oct. 22, 2019]
ADDENDA <Presidential Decree No. 26763, Dec. 28, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 29, 2015.
Article 2 (Applicability to Grounds for Cancellation of Registration)
The amended provisions of Article 5 (1) shall also apply to a rental business entity registered pursuant to the previous provisions as at the time this Decree enters into force. In such cases, the date this Decree enters into force shall be deemed the date the rental business entity is registered. Article 3 (Applicability to Reporting on Current Status of Housing Rental Management Business Entities)
The amended provisions of Article 11 shall begin to apply to the first report on the status for the quarter commencing after this Decree enters into force. Article 4 (Applicability to Consecutive Terms of Office of Members of Rental Housing Dispute Mediation Committee)
The amended provisions of Article 44 (3) shall begin to apply to the first person commissioned as a member of a mediation committee as at the time this Decree enters into force. In such cases, his or her term of office as at the time this Decree enters into force, shall be deemed the first term of office. Article 5 (Transitional Measures concerning Criteria for Registration of Rental Business Entities)
Article 6 (Transitional Measures concerning Preferential Sale of Constructed Rental Housing)
Article 7 (Transitional Measures concerning Extension of Scope of Public Build-to-Rent Housing)
Article 8 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (g) of attached Tale 2 of the Enforcement Decree of the Rental Housing Act partially amended by Presidential Decree No. 23752, the application of criteria for imposition of administrative fines against violations committed before April 27, 2012, being the date the Enforcement Decree of the Rental Housing Act amended by Presidential Decree No. 23752 enters into force, shall be governed by the previous Enforcement Decree of the Rental Housing Act (referring to the Enforcement Decree of that Act before it was amended by Presidential Decree No. 23752); and such violations shall not be included in the calculation of the number of violations in applying the criteria for imposition of administrative fines under attached Table 4. Article 9 Omitted.
Article 10 (Relationship to Other Statutes or Regulations)
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28181, Jul. 11, 2017>
This Decree shall enter into force on July 18, 2017.
ADDENDA <Presidential Decree No. 28323, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Minimum Area for Commercial Rental Housing Supply Promotion Districts)
The amended provisions of Article 18 (1) 3 shall begin to apply to a commercial rental housing supply promotion district designated pursuant to Article 22 of the Act after this Decree enters into force. Article 3 (Applicability to Time Frame for Calculation of Mandatory Rental Periods of Private Rental Housing)
The amended provisions of Article 34 (1) 3 shall begin to apply to a report on change filed pursuant to the main sentence of Article 5 (3) of the Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 28723, Mar. 27, 2018>
This Decree shall enter into force on March 27, 2018.
ADDENDUM <Presidential Decree No. 28874, May 8, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 29045, Jul. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29460, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29550, Feb. 12, 2019>
This Decree shall enter into force on February 15, 2019.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30149, Oct. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 24, 2019.
Article 2 (Transitional Measures concerning Registration of Rental Business Entities)
Notwithstanding the amended provisions of Article 4 (1) 2 (d), the previous provisions shall apply to a person who registered as a rental business entity pursuant to Article 5 (1) of the Act before this Decree enters into force. Article 3 (Transitional Measures concerning Cancellation of Registration as Rental Business Entities)
The previous provisions shall apply to private rental housing for which registration has been made or an application for registration has been filed pursuant to the previous Article 4 (1) 2 (d) before this Decree enters into force, notwithstanding the amended provisions of Article 5 (1) 4.
ADDENDUM <Presidential Decree No. 30710, May 26, 2020>
This Decree shall enter into force on May 27, 2020: Provided, That the amended provisions of Articles 4-4 and 4-5 shall enter into force on November 27, 2020.
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2020.
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 31242, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 (Transitional Measures concerning Cancellation of Registration as Rental Business Entities)
| (1) | The amended provisions of Article 5 (2) shall also apply where a court decision in favor of the return of deposit is final and conclusive or the mediation of the housing lease dispute conciliation committee is established before this Decree enters into force and where no deposit is refunded as at the time this Decree enters into force. |
| (2) | The amended provisions of Article 5 (3) shall also apply where a rental business entity who has failed to report a rental agreement before this Decree enters into force makes a false report or fails to comply with an order to report on or after the date this Decree enters into force. In such cases, the calculation of the number of times that the order to report is not been complied with shall be based on the number of times that the order to report is not been complied with on or after the date this Decree enters into force. |
Article 3 (Applicability to Management of Private Rental Housing)
The amended provisions of Article 41 (3) 2 and 3 shall also apply to private rental housing registered before this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA<Presidential Decree No. 31444, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDUM <Presidential Decree No. 31550, Mar. 23, 2021>
This Decree shall enter into force on Mar. 23, 2021.
ADDENDA <Presidential Decree No. 31614, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 6, 2021.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31653, Apr. 27, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Ratio of Preferential Supply of Developed Land to Rental Business Entities)
Notwithstanding the amended provisions of Article 14 (4), the previous provisions shall apply where the supply of land developed by the State, a local government, the Korea Land and Housing Corporation, or a local government-invested public corporation has been publicly notified or announced pursuant to relevant statutes and regulations, such as the Special Act on Public Housing, before this Decree enters into force.
ADDENDA <Presidential Decree No. 31726, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 9, 2021.
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 31942, Aug. 10, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32333, Jan. 13, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5 and 39-2 and attached Table 3 shall enter into force on January 15, 2022. Article 2 (Applicability to Grounds for Cancellation of Registration of Rental Business Entities)
When calculating the number of requests for purchase of guarantee that the head of a Si/Gun/Gu has made to a rental business entity under the amended provisions of Article 5 (5) 1, the request for purchase of guarantee made after the enforcement date specified in the proviso of Article 1 of the Addenda shall be deemed the first one.
ADDENDA <Presidential Decree No. 33045, Dec. 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 33466, May 15, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 16, 2023.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 33556, Jun. 20, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Revocation and Termination of Rental Agreements)
The amended provisions of Article 35 (2) 5 shall begin to apply where a rental business entity enters into a rental agreement with a lessee, where an existing rental agreement is renewed, or where the terms and conditions of a rental agreement is amended with respect to a rental security deposit, after this Decree enters into force.
ADDENDA <Presidential Decree No. 33764, Sep. 26, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2023.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 33857, Nov. 15, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34196, Feb. 6, 2024>
This Decree shall enter into force on February 17, 2024.